Access to biological resources for biodiscovery in Queensland under scrutiny
In brief: Allens lawyer Erica Davis discusses Queensland's Biodiscovery Policy Discussion Paper. The paper has been prepared to seek input into the development of legislation to regulate access to biological resources for biodiscovery.
- The discussion paper
- What is biodiscovery?
- Proposed benefit-sharing agreements and biodiscovery collection permits
- Issues under consideration
- Public consultation on draft policy and legislation
The discussion paper
The Queensland Government has released a Biodiscovery Policy Discussion Paper. The paper is intended to seek input into the development of its Biodiscovery Policy and pave the way for new legislation to be introduced later this year.
The objective of the Discussion Paper, which forms part of Queensland's Smart State agenda, is to develop a streamlined and uniform approach regarding access to the State's biological resources for biodiscovery, in a way which will benefit Queensland's community, economy and environment. The need for new legislation stems from the inconsistencies and inadequacies of current laws governing access to Queensland's significant and unique biodiversity.
Any new legislation or amendments to existing legislation resulting from Queensland's Biodiscovery Policy are likely to be of particular interest to biotech and pharmaceutical companies, biological and taxonomic research organisations, venture capital and investment funds and conversation and environment groups.
Queensland's Biodiscovery Policy may also highlight options for other jurisdictions, including the Commonwealth, in the regulation of biological resources under their control.
What is biodiscovery?
The biodiscovery process typically involves:
- the collection of samples of biological material;
- the discovery of bio-active compounds in those samples; and
- the development of a bio-product, such as pharmaceuticals, based on those bio-active compounds.
Proposed benefit-sharing agreements and biodiscovery collection permits
The Discussion Paper proposes the following two mechanisms to achieve its objectives:
Benefit-sharing agreements
It is proposed that organisations seeking access to biological resources from State land or waters will be required to enter into 'benefit-sharing' agreements with the State as access provider. There is currently no such legal obligation on organisations seeking access.
Examples of potential benefits the State may expect from biodiscovery include:
- royalty payments or milestone payments; and/or
- investment in Queensland's biotech industry or its research and development infrastructure.
The draft Model Benefit-Sharing Agreement attached to the Discussion Paper is the proposed platform from which negotiations will commence. The Model Agreement grants an exclusive licence to organisations to use samples collected for research and commercialisation, but does not give organisations an exclusive right to a species or an area.
The Model Agreement also requires that biodiscovery organisations subscribe to the Code of Ethical Practice for Biotechnology in Queensland. Registration under the Code is currently voluntary for most private biodiscovery organisations.
Having a benefit-sharing agreement in place will be a condition of an organisation being granted access to the State's biological resources.
Biodiscovery Collection Permits
A single Biodiscovery Collection Permit is proposed to replace the current ad hoc system of multiple approvals required for access to Queensland's biological resources. The proposed single permit is intended to make the process simpler and more uniform.
A Biodiscovery Collection Permit may require compliance with Biological Collection Protocols which are designed to ensure the collection of biological resources is ecologically sustainable. The use of Biological Collection Protocols is to ensure the uniform application of assessment criteria.
Biodiscovery Collection Permits will only take effect if and when a benefit-sharing agreement is executed.
Issues under consideration
Two of the major issues currently under consideration are:
- how royalty or other payments received from organisations should be allocated; and
- whether the proposed Benefit-Sharing Agreements and Biodiscovery Collection Permits should apply to biological resources on private land.
Public consultation on draft policy and legislation
The formal closing date for submissions on the Discussion Paper was 21 June 2002 and the initial public meetings have also concluded. However, further community and stakeholder consultation is expected to follow the drafting of legislation by the Queensland Government later this year.
If you have an interest in the development of new policy and legislation to regulate access to biological resources for biodiscovery in Queensland, you should consider participating in the next public consultation process.
For further information, please contact:
- Dr Trevor DaviesPartner, Allens Arthur Robinson Patent & Trade Marks Attorneys,
Sydney
Ph: +61 2 9230 4007
Trevor.Davies@aar.com.au
