10 issues in chemistry

8/13/2019 10 Issues in Chemistry

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Issues in ChemistryMarilou G. Nicolas, Ph.D.

University of the Philippines Manila


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Introduction

Science is a social structure

It relies on the interactions, behaviors and

expectations of individuals in order to function

It has a code of practices that constitutes its

behavioral norms and/or moral philosophy


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Chemistry is a science that involves

human processes that rely on many

decisions and produce various outcomes

Dependent on:

Honesty

Trustworthines


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Where ethical decisions are

needed

Experimental design

Gathering of data

Interpretation and reporting of dataInteractions between collaborators and

subjects

Evaluation of colleagues


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Some major categories of scientific

misconduct

Falsification of data

Plagiarism

Impropriety of authorship

Giving or not giving credit in published materials Publishing/presenting the same results/ paper in more

than one fora

Listing as authors individuals who have not made a

definite contribution to the work published Submission of multi-authored manuscripts to

publishers without the agreement of all authors on thecontent of the material


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Some major categories of scientific

misconduct (2)

Misappropriation of the ideas or intellectual

property of others

Violation of ethical research practices and

compliance with existing laws pertaining to: Use/misappropriation of funds or other resources

Care of animals and human subjects

Research personnel and community welfare

(biosafety and biosecurity issues)

Use of biological resources or chemical materials


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Intellectual Properties are

IDEAS!


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Can ideas be protected?

Yes

If transformed to tangible form

If new or novel


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Tangible forms of ideas

Written materials

Words or phrase

Computer software

Symbols

Invention

Industrial design

Biotechnology innovation

New plant variety


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Ways to protect ideas

Copyright

Patents

Trade secretsTrade marks

Plant variety protection

Traditional knowledgeGeographical indication


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What is the protection?

The right to prevent or stop anyone or any

organization from using the intellectual

property.

This right, when granted by a government

body, is referred to as Intellectual

Property Rights or IPR

Erbisch, Fred. (2004). Introduction to IP, IPR and course


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What rights are given after granting

permission to use IP and/or IPR

Establish a contractual arrangement

Sell the intellectual property and/or intellectualproperty rights

License the intellectual property and/orintellectual property rights

Give away the intellectual property and/orintellectual property rights

Erbisch, Fred. (2004). Introduction to IP, IPR and course


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What is a copyright

It is the protection given to published and

unpublished literary, scientific and artistic

or creative works that have been

transformed into a tangible form

Includes: literary works, movie, songs,

dance moves, computer graphics, source

codes


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Berne Convention

Grants to creator/author the exclusive right

to reproduce modify, distribute, perform

and display the work publicly

Protection is given for the life of the

author and 25-50 years after death.


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IPR Issues in Research

Information

Innovations and inventions

Industrial design for machines and other

devices

Synthetics

Biological resources


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Information

Ideas of others

Written notes

Verbal communications

Published information

Citations


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Innovations and inventions

Issues

Acceptable innovation

Patents


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Biological resources

Genetic material - any material ofplant, animal, microbial or otherorigin containing functional units ofheredity, i.e. DNA

Genetic resources - genetic materialof actual or potential commercial

value


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Issues and concerns

Public domain or common heritage vs.breeders rights

Biological diversity and sustainability

developmentBiotechnology/ recombinant technology

Bioprospecting and natural products

researchCountry of origin

Traditional knowledge


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Genetic Resources, Intellectual property

rights and international treaties

FAOs International Undertaking (IU)

Convention on Biological Diversity (CBD)

ITPGRFA

The CBD adopted in 1993 with the Philippines as oneof the signatories declares that countries have

national patrimony rights to all biological and genetic

materials within their territories and can enforce laws

and regulations on access and utilization of resourcesWorld Trade Organization TRIPS


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Articles in CBD concerned with

IPRBenefit-sharing (Art. 8(j)),

Access to Genetic Resources (Article 15),

Access to and Transfer of Technology (Art.

16),

Exchange of Information (Art. 17),

Handling of Biotechnology and

Distribution of its Benefits (Art.19).


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WTO-TRIPS

TRIPs requires that countries shouldprovide intellectual propertyprotection for plant varieties, either

through patents or an effective suigeneris regime


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Important provisions that impacts on

intellectual property protection

Formal protection and patentable subject matter(particularly Art. 27.3(b) regarding plants),

Anticompetitive Practice (Article 40),

Geographical Indications (Article 22-24),Exchange of Information (Art. 17),

Copyright (especially, Art. 9, 10, 12),

Trademarks, (Section 2, Art 15-21),

Trade Secrets (Art. 39).


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How would this affect research and

practices in developing countries?

Evolution of Legal systems

Agreements


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Evolution of Legal

systemsBioprospecting


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The business of bioprospecting

Need for drugs either to cure currently

incurable diseases that affect increasing

numbers of the world population (AIDS,

Alzheimers, TB, cancer)

Need to replace drugs that are becoming

increasingly ineffective to treat health

problems (such as pathogens resistant toantibiotics)


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Bioprospecting industries

Pharmaceuticals, including natural

products

Agribusiness and Agrochemical industries,

Cosmetics, health and beauty aids

industries, and the

Biosafety sector


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Bioprospecting is also inextricably linked

to sustainable economic development,

biodiversity conservation and equitable

use and stewardship of global natural

resources


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Terrestrial resources

The Philippines, the worlds second largest archipelagoafter Indonesia, covers a land area of about 300,000km2.

It is one of the 17 megadiversity countries, which

between themselves contain 70 to 80 percent of globalbiodiversity

Philippine rainforest is home to more than 1130terrestrial wildlife species and between 10,000-13,000species of plants so far recorded, of which more than

half are found nowhere else in the world.Philippines has also been described as Galapagos timesten.


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Marine Resources

The countrys marine waters cover 2.21 M km2 with acoastline of 22,450 km and an estimated27,000 km2 ofcoral reefs.

This contains exceptional marine biodiversity, among

which are: (a) nearly 500 coral species of the more than800 known coral species worldwide; (b) more than 2,000species of fish and (c) more than 40 species ofmangrove plants making the country one of the richestconcentrations of marine life in the world although these

and seagrass beds have been reduced to 120,000 hafrom 500,000 ha and only 5% of coral reefs in excellentcondition, making the Philippines among the worldsMarine biodiversity hotspots.


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Example of a biodiversity area


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Some of Isarogs waterfalls,

flora and fauna
http://www.geocities.com/my_isarog/falls4.htmlhttp://www.geocities.com/my_isarog/falls3.htmlhttp://www.geocities.com/my_isarog/falls2.htmlhttp://www.geocities.com/my_isarog/falls1.html


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Philippines Biodiversity Strategy and

Action Plan: pre-CBD era

The national parks system in the Philippines wasestablished way back in 1932 through Republic

Act (R. A) 3915

The creation of the Protected Areas and WildlifeBureau (PAWB) in 1987 when the Department ofEnvironment and Natural Resources (DENR)was re-organized through Executive Order No.192.

The enactment of R.A. 7586 or the NationalIntegrated Protected Areas System Act (NIPAS)in June 1992


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Problems

Lack of a national land use policy

Implementation of the NIPAS vis a vis

contradictory laws

Local Government Code of 1992, the Mining Act of 1995, Indigenous

Peoples Rights Act (IPRA) of 1997,

Agriculture and Modernization Act of 1997

Incoherent biodiversity conservation policies andrules; lack of personnel and academic training

programs


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Management Policies and

Strategies: Post-CBDThe completion of the Philippine

Biodiversity Conservation Priority-setting

Program (PBCPP), December 2001

The holding of the First National Protected

Areas Congress last November, 2001


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Bioprospecting laws

The passage of the Wildlife Resources

Conservation and Protection Act of 2001 (RA

9147) which repealed DENR Department AO 96-

20, the implementing rules and guidelines of EO247 otherwise known as Prescribing Guidelines

and Establishing a Regulatory Framework for

the Prospecting of Biological and Genetic

Resources, their By-products and Derivatives,for Scientific and Commercial Purposes


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Bioprospecting Rules

Approval of the new Philippine guidelines

on bioprospecting otherwise known as

Guidelines for Bioprospecting Activities in

the Philippines (Joint DENR-DA-PCSD-NCIP Administrative Order No. 1 Series of

2005)

Signed on January 12, 2005


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Joint DENR-DA-PCSD-NCIP AO 1

(2005)Harmonized provisions of EO 247 and RA 9147(Wildlife Act)

Redefined bioprospecting as the research,collection and utilization of biological and genetic

resources solely for commercial purposes onlyand requires a Bioprospecting Undertaking(BU) before the user is allowed access tobiological and genetic resources forbioprospecting/commercial purposes

Scientific research (with no commercial purpose)shall be allowed after the signing of a MOA andthe issuance of a gratuitous permit


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Joint DENR-DA-PCSD-NCIP AO 1

(2005)Set rules governing the implementation of EO 247,Wildlife Act (RA 9147) and other relevant laws that willprotect indigenous and local communities with regard tocollection, use of biological and genetic resources and

equitable sharing from these resourcesBioprospecting is the search for useful application,process or product in nature; search for useful organiccompounds in microorganisms, fungi and plants thatgrow in extreme environments; search for new chemicals

in living things that will have some medical orcommercial use.


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Guidelines for the Collection of

Biological Specimen in the Philippines

Section 1: The state shall promote the

common good, conserve and develop the

patrimony of the nation for the present and

future generations. Consequently theprotection of our natural resources, which

include biological specimen should be the

primary concern of all Filipinos


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Restriction and control mechanisms in theentry and exit of biological specimen must

be established in coordination with variousagencies to prevent the technicalsmuggling of biological specimen underthe guise of education and scientificresearch; and

Enforcement of the Convention onInternational Trade of Endangered

Species of Wild Fauna and Flora (CITES)should be strictly observed


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AGENCIES INVOLVED

National Museum of the Philippines (NMP)Protected Areas and Wildlife Bureau (PAWB)in cases falling under the coverage of CITES

Bureau of Fisheries and Aquatic Resources

(BFAR) and UP Marine Science Institute incases of marine organisms

Bureau of Plant Industry (BPI) and UP incases of plants

Bureau of Animal Industry (BAI) and UP incases of animals


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AgreementsBetween researchers

Between agencies or researchers and agencies

Between researchers and the community

Between researchers and industry


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Why have agreements?

Allows all parties to specify and knowconditions (e.g. length of time, cost,specific uses) of collaboration/ undertaking

Prevents misunderstanding, fights (legaland extra-legal), reserves ownership, etc

Provides basis for legal actions for not

following conditions of agreement

Erbisch, Fred. 2004. Agreements (slide presentation


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Why have agreements?

Protect intellectual properties especially

those not protected by government or

where protection is limited.

Retain ownership

Define how the intellectual property is to be

used;

Commercialization restrictions

Wh t t f t h ld b


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What type of agreements should be

used?

Handshake

Verbal agreement

Written and properly executed agreement

or signed document


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Some types of agreements

Confidential Disclosure Agreement allows researchers to exchange information under

defined terms

Material Transfer Agreement

allows researchers to exchange research materialsunder defined terms

Research Agreement (Commercial ResearchAgreement or Academic Research Agreement)

Cooperative/ inter-institutional agreement(MOU/MOA)

License Agreement

R h i l i ti


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Researches involving genetic

resources in the wild: requirements

Protected areas

Memorandum of Agreement (with local

DENR-PAWB and PAMB)

Gratuitous permit

If site is within ancestral domains permit

from NCIP

Prior informed consent (PIC) from community


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References

http://www.chemistryexplained.com/Di-Fa/Ethics.htmlMagboo, CE and Nicolas, MG (2004). Genetic resources and intellectualproperty rights: procedures, issues and concerns in the Philippines (countryreport-2004) Genetic Resources and Intellectual Property Rights, Svalov,Sweden

Intellectual Property Management in Health and Agricultural Innovations: AHandbook of Best Practices (2007). Krattiger A et. al. (eds), MIHR andPIPRA, Oxford, UK (www.ipHandbook.org)http://sunsite.nus.edu.sg/apcel/dbase/filipino/primary/phobio.html

House of Representatives and Senate (2001). RA 9147 An Act Providingfor the Conservation and Protection of Wildlife Resources and theirHabitats, Appropriating Funds Therefor and for other Purposes

http://www.pchrd.dost.gov.ph/index.php/news-archive/70

Benavidez PJ II. The Challenges in the Implementatin of the PhilippineABS Regulations: Monitoring and Enforcement of Bioprospecting Activitiesin the Philippines International Expert Workshop on Access to GeneticResources and Benefic Sharing I. Identificatin of Outstanding ABS Issues:National Access Laws
http://www.chemistryexplained.com/Di-Fa/Ethics.htmlhttp://www.iphandbook.org/http://sunsite.nus.edu.sg/apcel/dbase/filipino/primary/phobio.htmlhttp://www.pchrd.dost.gov.ph/index.php/news-archive/70http://www.pchrd.dost.gov.ph/index.php/news-archive/70http://www.pchrd.dost.gov.ph/index.php/news-archive/70http://www.pchrd.dost.gov.ph/index.php/news-archive/70http://sunsite.nus.edu.sg/apcel/dbase/filipino/primary/phobio.htmlhttp://www.iphandbook.org/http://www.chemistryexplained.com/Di-Fa/Ethics.htmlhttp://www.chemistryexplained.com/Di-Fa/Ethics.htmlhttp://www.chemistryexplained.com/Di-Fa/Ethics.html

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