A recent case of Antarctic bioprospecting from Japan

Abstract

Antarctic bioprospecting, namely the search for valuable genetic or chemical compounds in Antarctic nature, has been the subject of intense discussion within Antarctic Treaty Consultative Meetings. In this discussion, based on the so-called "end-users view point," utilizing the patent database to see how much Antarctic biological material has been used in patents, Antarctic bioprospecting has been depicted as a lucrative commercial activity operated by big multinational companies. This paper, instead, proposes an "access view point" for Antarctic bioprospecting, by examining a recent Japanese case in which scientists participating in the Japanese Antarctic Research Expedition in 2007 collected some sediment from Antarctic lakes near Syowa Station, isolated and cultured a particular fungus, and found the first evidence of the presence of antifreezing activity in oomycetes. In 2009, the scientists' affiliate institutions, including the National Institute of Advanced Industrial Science and Technology, applied for a patent on Antarctomyces psychrotrophicus Syw-1 and the antifreeze protein obtained from it. A detailed examination of this case demonstrates that the dichotomy of Antarctic bioprospecting into "commercial" and "scientific" does not reflect the reality of bioprospecting activities and, therefore, does not provide an appropriate ground for legal and policy discussion on Antarctic bioprospecting.