The international regime for bioprospecting: existing policies and emerging issues for Antarctica

The aim of this paper, by the United Nations University and the Institute of Advanced Studies, is to assist parties in preparations for biological prospecting in Antarctica. An increasing amount of the scientific research on the flora and fauna of the Antarctic is underway with a view to identifying commercially useful genetic and biochemical resources.

The paper reviews bioprospecting activities in Antarctica to ascertain the nature and scope of existing Antarctic bioprospecting activities, as well as recommending further analysis into biological prospecting in Antarctica for the parties currently involved.

The main points highlighted by the paper include:

• biological prospecting activities, though currently modest in scope, are taking place in Antarctica and the Southern Oceans
• the commercial use of Antarctic biota has been recognised, with industrial applications being developed and patents filed
• the prospecting activities in Antarctica appear to be confined to sampling, with no indication of plans to harvest material
• it is difficult to clearly distinguish between commercial and scientific activity
• establishing the legal and policy basis that controls the commercialisation of genetic resources, in line with the basic principles of the ATS as well as equity and fairness, is a more complex matter
• developing measures on bioprospecting in Antarctica would require some basic conceptual agreement about the overall aims of any regulation and the type of management system that is desirable, feasible, practical, and equitable.

The paper recommends further analysis and research into biological prospecting in Antarctica, with involved parties to consider:

• information regarding current and planned commercially orientated research involving Antarctic biota
• a working definition of bioprospecting
• the legal issues relating to the ownership and protection of these resources
• who owns the commercial products resulting from the resources?
• is benefit sharing feasible and if so with whom?
• preliminary views about the need for regulation or guidelines.

[adapted from author]