Governance and Micropolitics of Traditional ... - IPRsonline.org

were then taken by a Portsmouth University professor in 1993, as part of a research project
sponsored by a pharmaceutical company.
In 1998 the Thai government asked for the specimens back, citing a ''gentleman's agreement''
that they would be turned over when requested. Portsmouth University staff then proceeded to
give conflicting answers to that request for several months (Daoreung, 1998, Acc Biothai
web).
Thai officials and academics began to fear that the country could lose the right to develop and
benefit from the fungi strains if western pharmaceutical firms discover and patent the drug
potential in them (Kuanpoth, cited by Daoreung, 1998). Kuanpoth echoed the concern that
Thai scientists would lose their right to develop the same fungi strains even if they could still
be found in the country. These concerns are based upon a chronology of confusing replies
received by Portsmouth University as described below:
• In January 1998, Dr Richard Greenwood, head of the university's School of
Biological Sciences, said he would ''endeavour to repatriate the Thai isolates'' and
asked Thailand to contribute to the cost of dispatching the cultures.
• In February, he wrote back saying that he would not take any action which might have
a ''financial or legal repercussion''. Greenwood also indicated in an electronic mail
message to Biotech in February the university was willing to return the fungi
specimens, but would ask Biotech to shoulder technical and shipping expenses. Weeks
later, he said a number of strains collected from Thailand had already been sold to
commercial companies.
• Another letter from the university's business development director, dated Aug 10,
implied the institution would not return the specimens because the fungi strains had
been collected by its own staff and therefore, legal title to the collection resided with
the university.
• On another occasion, Howel-Jones was told that the university could not return the
strains because they belong to the company which sponsored the fungi strains
collection and research in 1993.
• Yet in August, a Portsmouth University spokesman was quoted in 'The Independent'
newspaper as saying the strains ''are being looked after properly and have not been
sold to science''.
• And on August 27, Biotech received a reply from John Craven, university vice
chancellor, saying that his institution had no use or interest in the cultures and would
have them returned as soon as possible. (Daoreung, 1998)
This is a case where the transfer of genetic materials has had unclear tangible property rights
allocated. Thus consequential research and commercialisation of products based on the
material should, according to the CBD, have benefit sharing arrangements in place.
Fortunately for stakeholders in Thailand the situation did not escalate beyond such concerns.
Eventually the fungi were returned to Thailand on an unknown date shortly after this chain of
events. What has concerned Thai researchers and officials is the possibility that samples of
the cultures were sold to other researchers without their consent and cannot now be tracked
down. There have been numerous speculations about transfer of some of the cultures to
foreign companies, subsequent research and associated patents (Jaroen Compeerapap,
Buntoon Srethasirote; Pers. Comm. 23 Feb. 2006).
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