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Rhetoric, realism and benefit sharing: use of traditional knowledge of Hoodia species in the development of an appetite suppressant
The Hoodia cactus, the CSIR and the San: a case study of ABS in South Africa
Authors:
R. Wynberg
Publisher:
Biowatch South Africa, 2004
This article reviews the case study of the Hoodia cactus and the access and benefit sharing agreement between CSIR and the San peoples.
Species of the succulent plant Hoodia have long been used by the San and other groups in Southern Africa to stave off hunger and thirst. The CSIR, a South African statutory research institute, has patented active constituents of the plant and has recently negotiated an agreement to give the San a share of royalties from sales of an appetite-suppressant.
The author argues that, on face value, the case presents a good argument both for the utility of patents in benefiting holders of traditional knowledge and for the potential benefits that holders of traditional knowledge can glean from bioprospecting. However, this article asks what this development really means for the San and holders of traditional knowledge worldwide: business as usual or a fundamentally new way of introducing equity into the marketplace?
In answering this question the article:
- charts the history and ethnobotanical use of the plant and its commercialisation
- analyses the process by which the CSIR and the San negotiated a benefit-sharing agreement
- provides a critical review of the extent to which the case secures fair and equitable benefits for holders of traditional knowledge and countries of origin
- explores the role played by intellectual property rights as a tool to promote benefit-sharing.
The author draws the following lessons and conclusions from the case study, which she argues are important to integrate into ongoing debates about ways in which benefit-sharing for communities can be made more equitable:
- obtaining the prior informed consent of communities holding knowledge about biodiversity from the very outset of a project – and engaging them as active partners - is an absolutely fundamental principle of benefit-sharing
- the negotiating process between the CSIR and the San has demonstrated the importance of building trust between role-players and of having in place a political climate conducive to fair deliberations, as well as the importance of having community-based institutions through which holders of traditional knowledge can be represented in negotiations, and benefits channelled
- there is a need for a more holistic, innovative and ethical approach to biodiversity commercialisation beyond the models currently touted.
