The Categories and Benefit-sharing of Traditional Knowledge Associated with Biodiversity

A milestone in the Year of Biodiversity is that the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity （CBD） was adopted in the 10th Conference of Parties （COP 10） held in Nagoya, Japan, Oct 18- 29, 2010. Traditional knowledge （TK） is a key issue in the Protocol’s text and its negotiating period. This paper aimed to protect TK by defining its concepts and categories and promoting benefit-sharing with TK’s holders. Based on the analysis for the TK concepts of relevant international organizations and conventions, in particularly on the author’s current years’ research work on TK in the ethnic areas of China, this paper proposes the categories and the classification system for the TK associated with biological resources, i.e. （i） the knowledge for traditional use of agricultural bio-species and genetic resources; （ii） the knowledge for traditional use of medicinal bio-species;（iii） traditional technical innovations for bio- resource use and traditional practices for farming and living styles; （iv） traditional cultures such as customary laws and community protocols that are related to conservation and sustainable use of bio-resources; and （v） traditional geographically biological indicators. Furthermore, this paper introduced the provisions for access and benefit-sharing of TK and proposed to share fairly and equitably the benefits produced from use of TK with indigenous people, local communities and other kinds of holders such as a country for the ancient documented TK. In addition, aimed to the existing problems for traditional knowledge protection, the national strategy for TK protection was introduced and measures for TK inheritance, development, utilization and protection measures were put forward, which are significant for TK’s popularization and beneficial to local communities of the ethnic groups in China.

Access and benefit-sharing of the pathogenic microorganisms such as SARS-CoV-2

With the outbreak of coronavirus disease 2019(COVID-19),it is essential to share pathogens and their data information safely,transparently,and timely.At the same time,it is also worth exploring how to share the benefits of using the provided pathogenic microorganisms fairly and equitably.There are some mechanisms for the management and sharing of pathogenic microbial resources in the world,such as the World Health Organization(WHO),the United States,the Europe,and China.This paper studies these mechanisms and puts forward"PICC"principles,including public welfare principle,interests principle,classified principle,and category principle,to strengthen cooperation,improve efficiency,and maintain biosafety.

Contracts in the payments for ecosystem services: the case of bio-prospecting

We examine the economics of royalties in bioprospecting contracts between a pharmaceutical and genetic resource supplier （local）, with an eve to understanding the relative advantages of indexing royalty, payments to gross revenue or net revenue. We show a risk-averse firm facing only production or only cost risks will index royalties to net revenue. When facing both types of risk the choice of royalty type depends on the relative magnitudes of the production and cost risk. In each case, the risk-averse firm chooses the royalty-type that shifts as much risk as possible to the local. Wheat the local is risk neutral the pharmaceutical＇s and local＇s preferences are compatible.If the local is risk averse and there is only one type of risk, it will prefer a gross revenue royalty, and shift as much risk as possible to the firm： here the local and firm preferences are compatible only ifthe firm is risk-neutral. Lastly we show if the firm sets the terms of the contract and both agents are risk averse, the.firm will not likely volunteer to implement the socially optimal royalty arrangement as it prefers to shift as much risk to the loeal, who now also prefers a more certain return, This last outcome is at the heart of the benefit sharing discussionand suggests if risk sharing and equity are a concern in benefit sharing, then the choice of rcyalty type can be an important part of negotiations between pharmaceuticals and locals for the phytochemical from nature for new drug discovery.