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What is the value of Michelangelos "Creation"
in the vault of Romes Cistine Chapel? Simply adding up the price
of the materials used and the artists wages would only reflect a
fraction of the value of that great masterpiece. Most people would agree
that even considering current art market criteria would still underestimate
its real value. The value of the Creation cannot adequately be expressed
by market prices. Nevertheless, it can still be argued that the commercialisation
of artworks helps in their conservation. But this argument is only partly
true: a Picasso owner would certainly have a vested interest in its conservation,
but that would provide no protection against the loss of other works of
art. The same is true of biodiversity: the introduction of some species
into the free market trade may help in their conservation, but that does
not guarantee biodiversity conservation in general, nor of individual
species, since the plant often looses its commercial value once the specific
compound with the desired genetic information is extracted.
Shaman Pharmaceuticals has filled for patents in its
home country, the United States, for two products derived from the Sangre
de Drago plant: Provir, an oral medicine against a respiratory tract virus
that causes a childhood disease, and Virend, an anti-herpes medication.
Sangre de Drago, a plant of the Croton genus, is widely used throughout
the Amazonian basin due to its well know medicinal properties. The species
most commonly used is Croton lechleri. Shaman argues that the development
of new medicines from "wild" biodiversity and associated enthnobotanical
knowledge will not only benefit the company but that it will also aid
biodiversity conservation and improve the well-being of the communities
it works with. The company believes that there are inherent general benefits
to be derived from genetic resources commercialisation. In the following
pages it is argued that that supposition is, even in the best of cases,
incorrect.
Setting the price
Economists have tried price all sorts of environmental
goods and services through analysis that value their place in the market.
Nevertheless, the market value does not necessarily reflect its true value.
According to Catalonian economist Joan Martínez-Alier, it is possible
to arrive at ecologically-adjusted prices, but that does not at all mean
that those prices would be ecologically correct. During the last decade
many have tried to set a price on biodiversity, often with the idea of
adding that value to national accounting figures. So many different theoretical
assumptions have to be taken and such a wide variety of elements go into
those calculations, that in the case of Ecuador, economist Joseph Vogel
arrived at two widely differing figures for the value of its biodiversity:
US$ 256 or 429 million! Besides the inherent difficulties involved in
economic valuation, figures such as these do not take into consideration
moral, leisure or aesthetic aspects: therein lies the gap between market
prices and true value.
Genetic information is one of those environmental goods
that in recent decades have been undergoing an important process of market
introduction. Gene-based information has increasingly found its way into
industrial use by key economic sectors such as agriculture, pharmaceuticals
and chemicals. In 1980 the US pharmaceutical industry recorded no budget
for the evaluation of plants. Fifteen years later it was estimated by
RAFI that more than 200 companies and research institutes around the world
were assessing animal and plant compounds in the search for medicinal
properties. Massive biological extinction did not really concern economists
until they realised the potential losses involved. By the mid-1980s pharmaceutical
industry analysts warned that every medicinal plant disappearing in the
tropical forests could represent a US$200 million loss for the industry.
Pharmaceutical companies carrying out bioprospecting
claim that one of their main objectives is the conservation of wild biodiversity,
but in reality the link between bioprospecting and conservation seems
to be a very weak. In order to really make a difference, industry would
have to invest in truly empowering those local communities that live in
direct contact with biodiversity. Even with the best of intentions, it
is very doubtful that those companies would be willing (or even able!)
to make large enough investments to reverse the loss of biodiversity in
developing countries.
Another limitation for bioprospecting companies is the
subsidiary role they play in the wider industrial panorama. Small biotechnology
companies like Shaman operate more as idea labs than as production units:
the latter is usually carried out by the large pharmaceutical transnationals.
Biotechnology companies can be -- and are -- easily bought up. In reality,
Shaman has made most of its income through contracts with pharmaceutical
giants such as Eli Lily and Ono.
Shaman Pharmaceuticals: the theory
The generally accepted success rate of random bioprospecting
in plants, animals and micro-organisms is one pharmaceutical with market
potential out of 10,000 compounds screened. California-based Shaman Pharmaceuticals
was established in 1989 with an innovative prospecting strategy, based
on the premise that the use of indigenous knowledge greatly improves the
odds of finding active compounds. Shaman carries out lab analysis of plants
that are used as medicinals in at least three geographically distinct
communities. This "filter" brings the odds of making a marketable
hit up to one out of two plants studied. The company has worked with over
30 indigenous communities in Latin America, Africa and Southeast Asia.
Shaman strives to find new technologies for drug discovery
by integrating several scientific fields: ethnobotany, medicine and plant
chemistry. The indigenous communities which have developed their knowledge
over time have a key role to play in this process. The knowledge of indigenous
peoples and other forest inhabitants is a central aspect of Shaman's pharmaceutical
research and development (R&D). This indigenous knowledge is complemented
with the knowledge and technology of Shaman's scientists.
The "reciprocity" required to make the partnership
between Western science and indigenous knowledge work is considered one
of the company's basic principles. Shamans other "innovative"
principle in the development of new therapeutic agents is its contribution
to biological and cultural conservation. There is no doubt that, at least
in theory, Shaman shows greater sensibility towards the environment and
people than the majority of big business. Yet, as will be seen below,
a closer analysis of the company's practice of reciprocity is questionable.
In theory, the company facilitates the return of benefits
to the communities it works with from any product developed. This compensation
is made through a non-profit organisation created by Shaman itself: The
Healing Forest Conservancy. The non-profit is in charge of contacting
communities to find out their needs and channel compensation accordingly.
Shaman promises to give a percentage of profits to all the communities
and all the countries they have worked with, independently of where the
information that lead to product development and commercialisation originated.
Shaman Pharmaceuticals: the reality
Shaman has not marketed any product so far, but has two
patent applications pending in the USA for products derived from the Sangre
de Drago (Croton spp). The traditional usage and dosage of the
plant vary all over the Amazonian basin. Among the more common medicinal
applications are: wound healing, anti-inflammatory treatments, anti-rheumatics,
haemorrhoids, and skin problems. Most of the uses identified in field
research focus on its healing capacity and effectiveness against herpes,
the latter being the subject of one of Shamans pending patents.
Pharmacological research, initiated because of the plants multiple
uses in traditional medicine, has shown Sangre de Drago to contain an
alkaloid with healing capacity.
Unlike most medical knowledge in the West, knowledge
about the curative powers of Sangre de Drago is in the public domain.
While knowledge about many other traditional remedies is strictly guarded,
in this case all groups living in the Amazonian area -- indigenous peoples,
racially-mixed populations, settlers, and even tourists -- share it. The
plants chemical composition and ethnobotanical uses have been published
several times: hardly a "trade secret". This makes Shamans
claim of "novelty" for the two products it has developed from
local knowledge about Sangre de Drago more than questionable.
In October 1992, Shaman sent a research expedition to
Eastern Ecuador to work with the Quichua indigenous community of Jatún
Molino, in Pastaza province. The company planned on talking to the local
healer and collecting samples of medicinal plants used by the community.
For Shaman executives the work done with that community and the on-going
relationship kept with its members is an example of short-term reciprocity.
Yet company expenditures in Jatún Molino have represented less than US$3,000,
and often the money spent has gone to pay for services rendered to Shaman,
or to solve problems for the research teams.
| Cows & Airports
April 1992: US$1,500 and technical assistance
given to improve the local airfield through community work.
Jatún Molino is a two-day canoe trip from the closest city airport
(Puyo), and only and hour away by light aircraft. Improving
the airfield must have been a priority for Shaman, whose researchers
arrived in October that year.
October 1992: A large cow to feed the community
and Shaman's team during their stay in Jatún Molino.
October 1992: A first aid kit with essential
medicines (such as aspirin) for the community. Each family received
a copy of a traditional medicine handbook in Quechua and Spanish.
October 1992: Salaries for 30 people that worked
with Shaman's team collecting plants. Salary payment should
certainly not be considered "reciprocity" for knowledge
provided.
1993-1994: Bi-annual medical and dental visits
for all the community members.
Since 1992: The community shaman and a helper
have been receiving a salary, so that the shaman may continue
his healing related work and studies, without having to leave
Jatún Molino to seek other employment.
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Since the company has not marketed any products yet,
it is impossible to judge "reciprocity" in relation to profits.
Yet it might be helpful to take a look at a similar case. In Peru the
company Liofilizadora del Pacífico has begun marketing UÒa de Gato (Uncaria
tomentosa), an Amazonian liana traditionally used against arthritis,
rheumatism, and diabetes. Western science has confirmed its cellular healing
and immune system strengthening properties. The company expects 1996 sales
of US$25 million, of which it will return US$60,00 to the Ashaninkas indigenous
communities, about 0.2%. And even this small amount should not be considered
as compensation for the knowledge provided, but as a payment for work
done in plant cultivation. Profits made from a drug may vary greatly.
In the case of two products developed from the tropics rosy periwinkle
plant, the company Eli Lily makes about US$100 million each year.
These kind of numbers must be kept in mind when a pharmaceutical
company talks about reciprocity. Shaman is no doubt expecting to reap
great profits from the commercialisation of its Sangre de Drago-derived
products, and its short-term reciprocity just does not seem fair. If the
value Shaman gives to the genetic resources and associated ethnobotanical
knowledge provided by Jatún Molino is equivalent to their donations so
far, it is comparable to setting the Creation's price according to the
cost of the materials and artist's wages.
The company has also established agreements with other
community organisations for "mid-term" reciprocity. In Peru
Shaman signed a contract with COICAs (Coordinadora de Pueblos Indígenas
de la Cuenca Amazónica) central office. Shaman pays COICA a "favourable"
price for the Sangre de Drago plant resources it needs for research, while
the indigenous peoples coordinating organisation guarantees quality
control and sustainable resource management. Yet payment for plant collection
should not be considered compensation for knowledge, when in reality it
is just payment for work done.
The company talks about "long-term reciprocity"
once the profits start rolling in, which means compensation to the communities
even if they are no longer working with them. The Ecuadorian Quichuas
have been promised compensation once Shaman's first product is marketed,
and benefit sharing from any product developed in the future. Yet no mention
has been made of what type of compensation will be given, what will it
amount to, nor who will be the beneficiaries. And the reality is Shaman
has only losses, amounting to US$13 million in 1993 and US$19.4 million
in 1994. Any income comes from contracts with other pharmaceutical companies.
In its publications Shaman acknowledges the importance
of crediting the Intellectual Property Rights (IPRs) of communities and
compensating them accordingly. Nevertheless, in over 300 Shaman-related
press articles published in the USA, no mention is made of the communities
that have provided knowledge leading to product development. The Quichua
Jatún Molino community is not mentioned in company or The Healing Forest
Conservancy publications. In Ecuador, the local community was mentioned
in only three press articles. The fact is that although Shaman talks about
sharing IPRs with local communities, the two Sangre de Drago derived products
will be patented in the USA under the companys sole name.
What does each win or loose?
The company: Shaman includes reciprocity with indigenous
communities and the conservation of biological and cultural diversity
amongst its guiding principles. Yet, despite its innovative philosophy
and strategy, its main objective is still maximising profits. In this
case the company has had no sales profits so far, since none of its products
have reached the market. Shamans niche in the pharmaceutical industry
is quite specialised: it does basic research and develops products for
production by others, as illustrated by its contract with Ono Pharmaceuticals
to search for a diabetes remedy. Contracts like these keep Shaman alive
until it markets its own products.
Indigenous communities: Shaman pretends to compensate
local communities for the knowledge they impart. The reality is that once
indigenous communities share their knowledge or genetic material they
lose control over those resources, whether or not they are compensated
for them. Once the genetic material derived from those plants, animals
or micro-organisms is patented, access to the resources may be restricted
by IPR-created monopolies.
Intellectual integrity must include the right of indigenous
communities to say NO to the access to their resources and associated
knowledge (see Towards
a Biodiversity Community Rights Regime in the October 1995 Seedling).
Prior informed consent and consent negation as conditions for access must
urgently be developed at both national and international levels. Shaman
first tried to get the knowledge it wanted by convening a meeting with
the Quichua Federation of Pastaza province. When the Federation refused
to strike a deal with them, Shaman moved on to establish a working relationship
with a community not integrated into the Federation. This is not a very
respectful approach to all the other indigenous communities that share
knowledge with the people in Jatún Molino.
| New directions?
Last September Lisa Conte, founder of Shaman,
announced that Kirk Raab had been named as the new chairman
of the board. Some have seen in Raabs naming -- he had
been ousted as chief executive officer of Genentech, Inc. --
the beginning of important policy shifts. According to an article
on the use by biotechnology industries of traditional knowledge:
"Even Shaman may be no more Shaman: They recently named
Kirk Raab chairman of their board, and in so doing sent out
a new, much less warm and fuzzy message. The issue of prior
art with respect to natural products is one that affects them
directly: with Raab on board, it will be interesting to see
how conciliatory they remain (BIO/TECHNOLOGY ,
London, October 1995)". Time will tell how the company
will honour its reciprocity and conservation principles in the
future.
(By GRAIN)
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Shaman calls its policy one of "reciprocity".
It has established programs to compensate the communities and countries
where they have worked. The company also talks about benefit sharing once
products are market, but they never specify percentages nor amounts. It
is difficult to understand what is meant by "redistributive justice"
with local communities when so little information is given.
Many indigenous groups are suspicious of corporate bioprospecting
initiatives. In a statement read to the plenary of the Convention on Biological
Diversity meeting last November in Jakarta, the Indigenous Peoples
Biodiversity Network stated: "What you call bioprospecting we call
biopiracy until sufficient consultations with indigenous peoples and farmers
organisations have been carried out, and consultation is not consultation
unless it is carried out among equal parties".
Biodiversity: Shaman also aims to contribute to the conservation
of biological diversity, yet its main initiative in this area so far has
been to finance about thirty studies in four different countries on the
use, sustainable management, growth and distribution of Sangre de Drago.
It also requires those providing plants for them to do so in a sustainable
manner and to reforest. Although all the studies done so far on Sangre
de Drago may indeed ensure the sustainable management of the plant, this
is of little consequence to the conservation of biological diversity.
Conserving a Picasso does not lead to the safekeeping of other works of
art. No mention has been found about concrete measures Shaman proposes
or is involved in directly dealing with biodiversity conservation.
In Shamans case, the objective of contributing
to biological and cultural diversity seems far from becoming a reality.
The tools chosen by the company to date -- questionable compensation of
indigenous knowledge and sustainable plant management plans -- do no seem
to offer sufficient elements to meet these objectives. Therefore, at least
in the case of Sangre de Drago, the idea that commercialisation leads
to biodiversity conservation has not turned out to be true.
The author would like to thank Elizabeth Bravo
of Acción Ecológica (Ecuador) and Joan Martínez Alier. Viki Reyes may
be contacted at: FLACSO/Ecuador, Ulpiano Paez 118 y Av Patria, Quito,
Ecuador. Tel: (593 2) 54 27 14. Fax: (593 2) 56 61 39. E-mail: viki@nervm.nerdc.ufl.edu
Selected sources:
* Cai, Y; F. J. Evans; M. F. Roberts et al. (1991), "Polyphenoliccompounds
from Croton lechleri", Agrochemistry, Vol. 30, No.
6, pp.2033-2040.
* King, Steven, (1994) "Establishing Reciprocity:
Biodiversity, Conservation and New Models for Cooperation Between Forest-Dwelling
Peoples and the Pharmaceutical Industry", in Greaves, Tom: Intellectual
Property Rights for Indigenous Peoples - A Sourcebook, Society for
Applied Anthropology, Oklahoma, pp.71-85.
* King, Steven R; and Thomas J. Carlson, (1995) "Biocultural
Diversity, Biomedicine and Ethnobotany: The Experience of Shaman Pharmaceuticals",
Interciencia, Vol 20, No. 3, pp. 134-139.
* Martínez-Alier, Joan (1994), De la economía ecológica
al ecologismo popular, Barcelona, Icaria.
* Neill, David A., (1993), Silviculture of 'Sangre
de Drago' (Croton spp) in Ecuador, Fundación Jatun Sacha/Missouri
Botanical Garden.
* RAFI, (1994), Bioprospección, biopiratería y comunidades
indígenas, November.
* Vogel, Joseph H. (1994), Genes for Sale: Privatization
as a Conservation Policy, New York, Oxford U. P.
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