South Africa's Bioprospecting, Access and Benefit-Sharing ...

Appendix 2: Glossary of terms
Indigenous biological resource – Any living or dead animal, plant or other organism of an indigenous species, including any derivative or
genetic material of any indigenous species.
Includes –
• any indigenous biological resources indigenous biological resources gathered from the wild or accessed from any other source, including
any animals, plants or other organisms of an indigenous species that are cultivated, bred or kept in captivity or cultivated or altered in
any way by means of biotechnology;
• any cultivar, variety, strain, derivative, hybrid or fertile version of any indigenous species or of any animals, plants or other organisms
referred to in sub paragraph (i); and
• any exotic animals, plants or other organisms, whether gathered from the wild or accessed from any other source which, through the use
of biotechnology, have been altered with any genetic material or chemical compound found in any indigenous species or any animals,
plants or other organisms referred to in subparagraph (i) or (ii); but
(b) excludes –
(i) genetic material of human origin;
(ii) any exotic animals, plants or other organisms, other than exotic animals, plants or other organisms referred to in paragraph (a)(iii); and
(iii) indigenous biological resources listed in terms of the International Treaty on Plant Genetic Resources for Food and Agriculture.
Indigenous community – Any community of people living or having rights or interests in a distinct geographical area within the Republic of
South Africa with a leadership structure and –
• whose traditional uses of the indigenous biological resources to which an application for a permit relates, have initiated or will contribute to
or form part of the proposed bioprospecting; or
• whose knowledge of or discoveries about the indigenous biological resources to which an application for a permit relates are to be used for
the proposed bioprospecting (BABS Regulations).
Indigenous species – any species that occurs, or has historically occurred, in a free state in nature within the borders of South Africa. It excludes
any species that has been introduced to South Africa as a result of human activity.
Indigenous use or knowledge – Includes knowledge of, discoveries about or the traditional use of indigenous biological resources, if that
knowledge, discovery or use has initiated or will contribute to or form part of a proposed bio-prospecting or research project to which an application
for a permit relates (BABS Regulations). (See also traditional use or knowledge, below.)
In-situ conditions – Conditions where biological resources exist within ecosystems and natural habitats, and, in the case of domesticated or
cultivated species, in the surroundings where they have developed their distinctive properties.
International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) – This treaty was adopted by the
Food and Agriculture Organisation in 2001. Its objectives are the conservation and sustainable use of plant genetic resources for food and agriculture
and the fair and equitable sharing of benefits arising out of their use. Through use of a standard material transfer agreement it sets up a multilateral
system to facilitate access to these resources and ensure fair benefit sharing.
Material Transfer Agreement (MTA) – An agreement in the form of Annexure 7 of the BABS Regulations between an applicant for
a permit and a person, including any organ of state or community, providing or giving access to the indigenous biological resources to which the
application relates.
Milestone payment – Payment made at a significant new development or stage in a bioprospecting agreement.
Mutually agreed terms (MAT) – Agreement reached between the providers of genetic resources and users on the conditions of access and
use of the resources, and the benefits to be shared between both parties.
Patent – A form of intellectual property protection available for inventions that are new, involve an inventive step and are capable of being used in
trade, industry or agriculture (Patents Act No. 57 of 1978).
Prior art – The existing knowledge base before an invention was discovered, or before an invention was disclosed by filing a patent application.
In order to protect their traditional knowledge from perceived biopiracy, some communities have created traditional knowledge databases to record
their traditional knowledge as prior art.
Prior informed consent (PIC) – Prior informed consent is not defined within the CBD, but the key elements are commonly identified as:
• prior – before access to knowledge or biological resources takes place;
• informed – based on truthful disclosure of information about the use that will be made of the knowledge or biological resources that is
adequate to understand the implications; and
• consent – the explicit consent of the government and/or stakeholders or knowledge or rights holders.
Thus, prior informed consent is an approval in advance for the use of biological resources and/or any associated traditional knowledge based on
adequate information disclosure.
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