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APPENDIX TWO PROPOSED MODEL GUIDELINES OF PRIOR INFORMED CONSENT FOR SEEKING RESEARCH ACCESS TO HERBS, PLANTS, BIOLOGICAL RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE IN THAILAND. DRAFT V.2, MARCH 2006 (MIINAAKHOM 2549) NOTE: These proposed guidelines should be understood as a draft measure for the consideration of the Government of Thailand and others. It should not be misconstrued as a legal instrument unless it meets Government approval. In the interim, Government departments have their own respective policies about research access and these bodies should be consulted independent of these guidelines. Subsequent versions of this guideline will be developed and made available for comment. Recognising: the contributions of traditional knowledge holders and the custodians of herbs, local plant varieties and biological resources, in conservation, sustainable use, knowledge development, sharing of such knowledge for broader societal benefits, and the threats posed to traditional knowledge systems, there is a need to promote and protect traditional knowledge and related biological resources. Objective: To facilitate a practical mechanism of prior informed consent (PIC) of traditional knowledge holders and the custodians of herbs, plants and other biological resources when researcher access is sought to such materials and knowledge. This guideline should be recognized as a first step towards the development of a system of providing fair, equitable and appropriate benefits to traditional knowledge holders and biological resource custodians, arising from such research. Regulatory Framework: These guidelines are put forward for consideration by relevant officials of the Government of Thailand. It is intended that they be considered for provisional implementation as part of the Ministerial Regulations under the Act on Protection and Promotion of Traditional Thai Medicinal Intelligence B.E. 2542 (1999) as administered by the Department for Development of Thai Traditional and Alternative Medicines (TTAM Department), Ministry of Public Health; and the Plant Variety Protection Act, B.E. 2542 (1999) as administered by the Plant Variety Protection (PVP) Division of the Department of Agriculture. 109
It is recommended however that due to the interest of various departments and groups, the gradual establishment of an independent government body called the ‘National Biodiversity Agency’ or similar. Such a body would be preferential for the facilitation of the regular crossdepartment issues. Supplementary Policy Developments: These model guidelines could be supplementary to a Ministerial Order or similar, on the implementation of a patent requirement for the disclosure of origin of the source of origin of genetic resources and associated traditional knowledge, as has been considered by the Department of Intellectual Property. Practical Considerations: A handbook detailing in clear language, in both Thai and English, should be developed to help inform local communities of their rights to PIC, problems associated with knowledge sharing, and issues of research access. The handbook should be distributed with the assistance of NGOs and farmers or traditional healers’ networks and could be coupled with information meetings. International Obligations: These guidelines should be considered to be supplementary to international agreements and laws that have been signed and ratified by Thailand. Nothing in the requirements of these guidelines is in conflict with the United Nations Convention on Biological Diversity (1992) or the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) – Annex 1C of the Final Act of the Uruguay Round Negotiations establishing the World Trade Organisation (WTO). Definitions: Providers/Custodians – Individuals, organizations or communities who are owners of biological resources whether existing in in situ environmental conditions or ex situ, or who can otherwise prove they have a history of conservation and sustainable use of such biological resources for more than one generation (or a period of 20 years). Users – May be individuals, companies, research institutions, universities, their faculties or divisions thereof, or other organizations seeking access to biological materials for research purposes, whether academic or commercial. 110
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Governance and Micropolitics of Tra
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CONTENTS List of Tables, Figures an
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Abbreviations and Acronyms ABS ARCB
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Executive Summary (Thai translation
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passing of the Bill has suffered fr
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policy and law in this study. The u
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cases 3 , particularly where a reso
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2. INTERNATIONAL DEVELOPMENTS, AGRE
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institutionalised in many developin
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germplasm originating in their gene
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e subject to exclusive intellectual
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guide for countries attempting to i
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described in section 2.7. The lates
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Switzerland took an alternate posit
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enefit sharing; (ii) protection of
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2.8 International Treaty on Plant G
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Drawing upon these and the highly r
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The current Draft ASEAN Agreement a
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The use of such bilateral trade pre
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A leaked version of the US FTA posi
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3. GOVERNANCE IN THAILAND There are
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articles). The advocacy of groups s
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in some areas and stronger IPRs in
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is opposed to ex situ resources whi
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Licence Office. This has been sugge
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capita greenhouse gas polluters on
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Pennapa et al, 2001). It is claimed
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3.4 Alleged Biopiracy Episodes and
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While the use of geographical indic
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were then taken by a Portsmouth Uni
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A number of subsequent Thai patents
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Of the biopiracy cases discussed he
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that was investigated by WIPO and U
Page 67 and 68: 3.5 Legislation and Bureaucratic Mi
Page 69 and 70: There are several aspects of the Pa
Page 71 and 72: Table 5: Development and Operation
Page 73 and 74: • twenty percent is allocated to
Page 75 and 76: Chapters Seven and Eight essentiall
Page 77 and 78: Furthermore he notes that it is not
Page 79 and 80: esources. A Community Forest Manage
Page 81 and 82: There have been ongoing meetings at
Page 83 and 84: 3.8 The Role of Civil Society, NGOs
Page 85 and 86: 3.9 Summary: Participation, Impleme
Page 87 and 88: Box 4: Indigenous Peoples and Local
Page 89 and 90: 4.2 Traditional Knowledge and Local
Page 91 and 92: Box 5: Methods of Karen Pest and We
Page 93 and 94: Table 6: Description of Threats Aff
Page 95 and 96: Traditional Medicines of Baan Sopla
Page 97 and 98: Although a full ethno-botanic inves
Page 99 and 100: Baan Khun Khlang, Hmong Village, Kh
Page 101 and 102: Rather than applying customs and ri
Page 103 and 104: developing and many ‘Eastern’ c
Page 105 and 106: This section provides an explanatio
Page 107 and 108: 5. DISCUSSIONS AND CONCLUSIONS The
Page 109 and 110: PIC requirements should however be
Page 111 and 112: Drahos, P. (2005) ‘Intellectual P
Page 113 and 114: TK-FL Working Group (2005) A summar
Page 115 and 116: IRRI, IRRI Welcomes Rice Research D
Page 117: APPENDIX ONE Chronology of the Comm
Page 121 and 122: c. The PIC Coordinators are respons
Page 123 and 124: . If the original source owners or
Page 125 and 126: SECTION SIX - ABS-PIC FUND a. An
Page 127 and 128: APPENDIX THREE - List of Relevant W
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