SOUTH AFRICAN CASE STUDY ON SCELETIUM TORTUOSUM
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1 SOUTH AFRICAN CASE STUDY ON SCELETIUM TORTUOSUM Lactitia Tshitwamulomoni Expert Meeting on ABS and Intellectual Property Rights Addis Ababa, Ethiopia (Desaleng Hotel) 5 to 9 September 2011
2 OUTLINE Relevant National Legislative frameworks Introduction to the Sceletium tortuosum The kind of knowledge that contributed to the valueaddition on the resource. The type of Intellectual Property Rights that is relevant to Sceletium tortuosum. The type of agreements that exists regarding the use of this resource. The key lessons learned from Sceletium tortuosum Case Study. 2
3 Relevant National Legislative Frameworks The use of indigenous biological/ genetic resources for research and development in the context of Access and Benefit Sharing is governed by : National Environmental Management: Biodiversity Act, 2004 (NEMBA); and Bioprospecting, Access and Benefit Sharing (BABS) Regulations, Complemented by: Patent Amendment Act, Indigenous Knowledge System Policy. 3
4 Introduction to Sceletium tortuosum Commonly known as Kanna, Channa or Kougoed. Low growing succulent shrub, endemic to Western, Eastern & Northern Cape Provinces in South Africa. Used by Khoi pastoralists and San huntergatherers as a mood-altering substance. Recorded in the literature since HGH Pharmaceuticals is the legal permit holder issued in terms of NEMBA and BABS Regulations. 4
5 The kind of knowledge that contributed to the value-addition on the resource. The San people of South Africa have been acknowledged as the primary traditional knowledge holders of Sceletium tortuosum (primary beneficiary) by HGH Pharmaceuticals. The San further acknowledged that a wide range of communities in South Africa have, over centuries, acquired traditional knowledge relating to Sceletium tortuosum. The Paulshoek/Nourivier community (Nama people) has been acknowledged by the San as being worthy and deserving to receive a share of benefits based on their provision of detailed ethnobotanical information to researchers on traditional-uses of Sceletium tortuosum (secondary beneficiary) Scientific studies has proven that Sceletium tortuosum elevates mood and decreases anxiety, stress and tension. 5
6 The type of Intellectual Property Rights that is relevant in this Case Study Seven (7) patents were acquired by HGH Pharmaceuticals. Two trademarks have been registered, namely Zembrim and Eletium. The San logo (trademark) on product. The San owns the logo and may use it on any other products, except on Sceletium-based products developed by competitors to HGH Pharmaceuticals. International collaborators for HGH Pharmaceuticals includes: Germany, USA, Spain, Scotland, Switzerland, Argentina, and France. 6
7 The type of agreements that exists regarding the use of this resource Benefit Sharing Agreement between HGH Pharmaceuticals (Pty) Ltd and the South African San Council. Benefit Sharing Agreement between South African San Council and the Paulshoek /Nourivier community. Benefits: fixed value for 3 years; % of net proceeds; % for use of San logo (trademark). 50% of the royalties received by the San will be paid to the Paulshoek /Nourivier community. 7
8 The type of agreements that exists regarding the use of this resource Other Benefits includes: Enhancement of scientific knolwedge of persons invloved in the research and development, employed by HGH Pharmaceuticals; Acknowledgement of the San through the use of their logo on the product; and Conservation and sustainable use of the Sceletium tortuosum which contributes to employment opportunities as the cultivation of Sceletium tortuosum is labour intensive. 8
9 Key lessons learned National legislation is instrumental in facilitating access, ensuring that prior informed consent is obtained, leading to negotiations and entering into mutually agreed terms. Clearly defined holders of traditional knowledge coupled with legal representation is key to any successful benefit sharing agreement Recognition of holders of traditional knowledge throughout the value-chain by HGH Pharmaceuticals reflects transparency of the entire process. Remarkable initiative of the primary knowledge holders of acknowledging the Nama people. Enhancement of sustainable utilization of the resource through cultivation. 9
10 THANK YOU Mr Muleso Kharika Tel: Mrs Lactitia Tshitwamulomoni Tel: DEA website Environmental Crime Hotline
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