[ Last Updated 9 July 2007 ]
Short Description
The letter accompanying the mail out of the discussion document sets out useful information and background on the current consultation process.
9 July 2007
Tēnā koe
Discussion document – Bioprospecting: Harnessing Benefits for New Zealand
The government has released the attached discussion document Bioprospecting: Harnessing Benefits for New Zealand as the basis for consultation on bioprospecting activity and issues in New Zealand.
In general, bioprospecting is seen as the search for and gathering of biological material for the purpose of developing a commercial product. Bioprospecting therefore touches on a number of related policy areas, including protection of intellectual property, traditional knowledge and mātauranga Māori, and the international framework of the Convention on Biological Diversity (CBD).
The current consultation process is focused on gathering and sharing information about bioprospecting in New Zealand and to facilitate a discussion on how a policy framework might be structured. The government is especially interested in hearing from those either actively involved in or affected by bioprospecting activities
The relationship between bioprospecting and traditional knowledge
Bioprospectors are likely to want legal certainty over their right to develop commercial products from any successful bioprospecting activity. That is, they are likely to seek intellectual property rights. They may also wish to access traditional knowledge from indigenous and local communities to help them in their search for useful biological material.
In New Zealand, a significant body of traditional knowledge is Māori knowledge (mātauranga Māori) about indigenous flora and fauna. The WAI 262 claim currently before the Waitangi Tribunal is in part about ensuring adequate protection against the misuse of mātauranga Māori. The Ministry of Economic Development's Intellectual Property Policy group is responsible for existing intellectual property legislation, which includes trade marks, copyright, patents, plant variety rights, designs and geographical indications. In some instances intellectual property rights can be used to protect aspects of traditional knowledge that meet the criteria for protection in question. In addition, Te Puni Kōkiri is developing a work programme on mātauranga Māori.
As a logical extension of its work on trade marks and patents, the Ministry's Intellectual Property Policy group is undertaking a three-staged work programme to examine more closely the relationship between intellectual property rights and systems and traditional knowledge. As the group is at an early stage of their work programme (stage one), representatives will not be undertaking formal consultation at this stage. More information is available at the MED website.
The relationship between bioprospecting and the Convention on Biological Diversity
The Ministry of Foreign Affairs and Trade is responsible for representing New Zealand's views in the Convention on Biological Diversity. The Convention is a wide-ranging international treaty, covering the sustainable use and conservation of biodiversity. It also includes obligations related to the traditional knowledge of indigenous communities, and is about to accelerate discussions with the aim of developing an international regime on "access and benefit sharing" that would provide the international context for any New Zealand bioprospecting policy. The Ministry of Foreign Affairs and Trade is interested in learning more about Maori views on what the government could do in traditional knowledge discussions in this forum in order to support Māori aspirations for their traditional knowledge.
Further information on the Convention's consideration of traditional knowledge issues can be found on the CBD website.
Consultation
The Ministry of Economic Development, the Ministry of Foreign Affairs and Trade and Te Puni Kōkiri will be co-hosting a series of meetings with interested parties, which you are invited to attend. A schedule of these meetings is attached.
A record of the discussion will be kept from each of the meetings, but you are also encouraged to make written submissions. Submissions are due by 5.00pm, Friday 12 October 2007. You can make a written submission by:
- Post – Mail your response to the Bioprospecting Review, Ministry of Economic Development, P O Box 1473, Wellington; or by
- Email – Send your response to bioprospecting@med.govt.nz; or by
- Filling out the online response form at the MED website.
A response received electronically is preferred.
In addition to the meetings, two groups will be convened in early September – a reference group to provide Māori perspectives on the main themes from the meetings and a stakeholder group to provide perspectives from other interested parties. The membership of these groups will be expected to be selected through a public-consensus process to be advised at the scheduled meetings. A written report from each of these groups will form part of the submissions process.
I encourage you to participate in this important information gathering and consultation process. Further information is available at the MED website, including an electronic version of the attached document.