Module II: The Fundamentals of Bioprospecting Negotiations
Constructing a Contractual Agreement for Benefit Sharing

The term "bioprospecting" refers to the search for valuable compounds in nature, e.g., active molecules with the potential for use in drug development. Because of the enormous economic potential of drug development and its utilization of indigenous knowledge and resources, bioprospecting is a controversial area for which legal and ethical principles have not yet been fully explicated. Stakeholders include pharmaceutical companies, university researchers, national governments, and indigenous communities, each with claims to various rights and benefits pertaining to the practice of bioprospecting.

Bioprospecting can take many forms, and at its worst the practice is known as "biopiracy," i.e., the unauthorized and uncompensated acquisition of valuable biological resources. It is in response to such practices that efforts are now being made (including by this workshop) to define and assert the rights of developing countries and their indigenous communities. Thus the purpose of Module II was to focus on constructing equitable contractual agreements governing access rights, intellectual property rights (IPR), and benefit sharing. Faculty members focused on:

• placing bioprospecting into perspective in relation to the overall context of biodiversity conservation;
• explaining the various types of agreements that can be made;
• clarifying the types of rights and benefits at stake; and
• identifying ways of negotiating equitable agreements, both in principle and by reference to actual bioprospecting agreements, e.g., the INBIO-Merck agreement and the Yellowstone National Park-Diversa agreement (see below).