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BIOPIRACY: A threat to Mother

Nature and Mankind

Bautista, Sheela Marie H.

Olivar, Alexia Allyssa G.

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WHAT is BIOPIRACY?

the appropriation, generally by

means of patents, of legal rights

over indigenous knowledge ---particularly indigenous

biomedical knowledge --- without

compensation to the indigenousgroups who originally developed

such knowledge.

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From the root words ³bio´ and ³piracy´,From the root words ³bio´ and ³piracy´,biopiracy literally means ³the patenting of life.´biopiracy literally means ³the patenting of life.´

Genes of living organisms are basically theGenes of living organisms are basically the

³raw materials´ of new biotechnologies.³raw materials´ of new biotechnologies.

Genetic materials from plants, animals, andGenetic materials from plants, animals, and

other biological resources that have long beenother biological resources that have long been

identified and developed, are being ³owned´ byidentified and developed, are being ³owned´ by

companies and manufacturers through patents.companies and manufacturers through patents. Collection of genetic materials are usuallyCollection of genetic materials are usually

taken without prior consent.taken without prior consent.

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The following illustrate how early acts of The following illustrate how early acts of biopiracy biopiracy

have been committed:have been committed:

3500 years ago, Egyptian rulers began bringing3500 years ago, Egyptian rulers began bringingplants home after military expeditions.plants home after military expeditions.

In the last century, the British Empire institutedIn the last century, the British Empire instituted

regular plant collections. During the Voyage of theregular plant collections. During the Voyage of the

Beagle, Charles Darwin simply took whatBeagle, Charles Darwin simply took what

interested him and brought it home.interested him and brought it home.

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Traditional Knowledge BiopiracyTraditional Knowledge Biopiracy

This kind of This kind of biopiracy biopiracy covers the unauthorizedcovers the unauthorized

use of common traditional knowledge, whether use of common traditional knowledge, whether acquired by deception or on the basis of exploitativeacquired by deception or on the basis of exploitative

transactions. Various patents can claim traditionaltransactions. Various patents can claim traditional

knowledge in the form it was acquired, or cover aknowledge in the form it was acquired, or cover a

refinement or an invention based on it.refinement or an invention based on it.

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Genetic Resource BiopiracyGenetic Resource Biopiracy

This type of This type of biopiracy biopiracy is about theis about the

unauthorized extraction and use of widespreadunauthorized extraction and use of widespreadresources and of those found only in one location.resources and of those found only in one location.

It also covers authorized extraction of resourcesIt also covers authorized extraction of resources

on the basis of exploitative transactions. Patentson the basis of exploitative transactions. Patents

claim the resource itself, even derivatives or claim the resource itself, even derivatives or

purified versions of it.purified versions of it.

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WHAT IS BIOPROSPECTING?

the legal and accepted exploration and search

of biological products with characteristics and

traits interesting, appealing and necessary for

mankind. In the past, bioprospectors are

mainly concerned with the biodiversity

existing in different regions of this planet for

previously unknown compounds in organismsthat have never been used in traditional

medicine.

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BIOPROSPECTINGIdentifies resources

BIOPIRACYAppropriates resources

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WHAT ARE PATENTS?

gives an individual or a firm the right and the

privilege to a limited legal monopoly and control

to make, use and sell its invention and/or

discovery. Also, this gives an individual and a firm

the right to exclude others from making, using or

selling the invention to the market.

To be patentable, an invention must be novel,

useful and non-obvious.

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Patentable articles fall under FOUR categories:(http://businessdictionary.com/definition/patent/html

� Machine: any apparatus or device withinterrelated parts that function together to

perform the designed or planned purposes.

� Manufacture: manufactured or fabricated items

� P rocess: mechanical, electrical, chemical or other

methods that produce a chemical or physicalvariation in the condition or state of an item

� C omposition of matter : chemical compounds ormixtures possessing properties different from

their constituent ingredients.

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POPULAR CASES OF BIOPIRACY

IN THE WORLD

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Turmeric (Curcuma longa Linn.)

� used as a spice for flavoring Indian cooking.� an effective ingredient in medicines, cosmetics and

dyes.

� traditionally used for centuries to heal wounds and

rashes.� 1995 - 2 expatriate Indians , University of

Mississippi Medical Centre Suman K. Das and Hari

Har P. Cohly granted a US patent on use of

turmeric in wound healing.� CSIR files for Re-examination

� 1997 ± patent revoked

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The Neem Tree (Azadirachta indica)

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Neem Tree (India)Neem Tree (India)

In 1995 the U.S. Department of Agriculture andIn 1995 the U.S. Department of Agriculture anda pharmaceutical research firm received a patent on aa pharmaceutical research firm received a patent on a

technique to extract an antitechnique to extract an anti--fungal agent from thefungal agent from the

Neem tree (Azadirachta indica), which growsNeem tree (Azadirachta indica), which grows

throughout India. Indian villagers have longthroughout India. Indian villagers have longunderstood the tree's medicinal value. Although theunderstood the tree's medicinal value. Although the

patent had been granted on an extraction technique,patent had been granted on an extraction technique,

the Indian press described it as a patent on the Neemthe Indian press described it as a patent on the Neem

tree itself. Legal action by the Indian governmenttree itself. Legal action by the Indian governmentfollowed, with the patent eventually being overturnedfollowed, with the patent eventually being overturned

in 2005.in 2005.

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The pharmaceutical company involved in theThe pharmaceutical company involved in the

Neem case argued that traditional IndianNeem case argued that traditional Indian

knowledge of the properties of the Neem tree hadknowledge of the properties of the Neem tree had

never been published in an academic journal. Innever been published in an academic journal. Inresponse to this, India has been translating andresponse to this, India has been translating and

publishing ancient manuscripts containing oldpublishing ancient manuscripts containing old

remedies in electronic form to protect the country'sremedies in electronic form to protect the country's

heritage from being exploited by foreign companies.heritage from being exploited by foreign companies.

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The Enola Bean (P haseolus vulgaris)

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Enola Bean (Mexico)Enola Bean (Mexico)

This bean is a variety of Mexican yellow bean,This bean is a variety of Mexican yellow bean,so called after the wife of the man who patented it for so called after the wife of the man who patented it for

the variety's distinct shade of yellow in 1999. Thethe variety's distinct shade of yellow in 1999. The

patentpatent--holder subsequently sued a large number of holder subsequently sued a large number of

importers of Mexican yellow beans, causing economicimporters of Mexican yellow beans, causing economicdamage to more than 22,000 farmers in northerndamage to more than 22,000 farmers in northern

Mexico who depended on sales of this bean. A lawMexico who depended on sales of this bean. A law

suit was filed on behalf of the farmers, and on April 14,suit was filed on behalf of the farmers, and on April 14,

2005 the US2005 the US--PTO ruled in favor of the farmers. AnPTO ruled in favor of the farmers. Anappeal was heard on 16 January 2008, and the patentappeal was heard on 16 January 2008, and the patent

was revoked in May 2008.was revoked in May 2008.

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The Banaba (Lagerstroemia speciosa)

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BanabaBanaba and other medicinal plants (Philippines)and other medicinal plants (Philippines)

Japan has been patenting the country¶s nativeJapan has been patenting the country¶s native

plants with medicinal properties, such asplants with medicinal properties, such as banababanaba,,

saluyotsaluyot,, sambongsambong,, lagundilagundi, and, and takiptakip kuholkuhol. These. These

plants have been the subject of patent claims there.plants have been the subject of patent claims there.

Pharmaceutical firms in Japan have started toPharmaceutical firms in Japan have started to

process these plants as medicines and claimed theprocess these plants as medicines and claimed the

knowledge as their own, when in fact, the healingknowledge as their own, when in fact, the healingproperties of these herbs have been known in theproperties of these herbs have been known in the

Philippines for ages.Philippines for ages.

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Bitter guard

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Bitter gourd (Thailand)Bitter gourd (Thailand)

Since Thailand has a big problem with AIDS,Since Thailand has a big problem with AIDS,their national scientists have been researching for alltheir national scientists have been researching for all

sorts of ways to help relieve the suffering the victimssorts of ways to help relieve the suffering the victims

experience, and maybe even prevent against theexperience, and maybe even prevent against the

infection of the HIV virus.infection of the HIV virus.

One team was focused on bitter gourdOne team was focused on bitter gourd

((M omordica spp.M omordica spp.), and they found certain compounds), and they found certain compounds

in it that work against HIV. Later on they found outin it that work against HIV. Later on they found outthat American scientists have copied their researchthat American scientists have copied their research

and have already patented the active Mapand have already patented the active Map--30 protein30 protein

from a native strain of bitter gourd.from a native strain of bitter gourd.

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HUMAN TISSUE PIRACY AND

TISSUE CULTURE

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DID YOU KNOW THAT

In 1996, Hagahai tribes, natives of Papua New Guinea,

gave blood, tissue and hair samples to Carol Jenkins, an

American anthropologist, and took soap, candies and

chocolates in return. Hagahai peoples tissues were utilized

to produce a drug used to battle leukemia, for thesepeoples blood has HTLV-1, which is resistant to the said

disease. These people had no knowledge of this

production; however, through the help of NGOs, the tribe

sued this incident to the World Court.Recently, they have been remunerated for the theft of

their tissues, but unfortunately the patent still remains with

Jenkins and her company.

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FILIPINO VERSION

In 2000, two Philippine non-governmental organizations(NGOs) --- the Cordillera Peoples Alliance (CPA) and the Igorot TribalAssistance (ITAG) revealed that there were Ifugao tribes peoplewho were enticed into sharing their blood to foreign scientists whoposed as medical researchers. After collecting blood and hair

samples from the tribes people, nothing was heard from thesescientists.

A similar luring incident was reported by a Baguio City-basedUnited Nations accredited Indigenous Peoples International Centerfor Policy Research and Education or Tebtebba Foundation. The

foundation reported on how the Aeta tribes people, a group of Aeta displaced by the Mount Pinatubo eruption in the province of Zambales, were fooled into providing a foreign medical group whopretended to be aid workers their blood samples.

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WHAT DOES IT ALL BOIL DOWN TO?

� DEPLETION OF RESOURCES

� DAMAGE TO THE ECONOMY OF THE SOURCE

COUNTRY� BAD EFFECT ON THE TRADITIONS OF THE

INDIGENOUS PEOPLE BECAUSE OF THE

PATENTS

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Why is There a Need toWhy is There a Need toStopStop Biopiracy Biopiracy??

Because of the patenting of biological materials,Because of the patenting of biological materials,the locals of the affected countries would havethe locals of the affected countries would have

less, if not none at all, access to those newless, if not none at all, access to those new

developments which is possibly their original ideadevelopments which is possibly their original idea

or discovery in the first place.T

hose who areor discovery in the first place.T

hose who aregranted the patents would have exclusive rights togranted the patents would have exclusive rights to

their ³inventions´ and can therefore raise the pricestheir ³inventions´ and can therefore raise the prices

if they choose to.if they choose to.

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By having the license to do whatever they please,By having the license to do whatever they please,

patent owners can also hinder the local production.patent owners can also hinder the local production.

This can have a large impact on the livelihood of This can have a large impact on the livelihood of

those concerned; the ones who are normally free tothose concerned; the ones who are normally free touse as much of the crops or produce as they needuse as much of the crops or produce as they need

are banned from manufacturing such goods.are banned from manufacturing such goods.

Therefore, if those goods are a source of income for Therefore, if those goods are a source of income for

them, they would lose much of the profits that theythem, they would lose much of the profits that theyusually get.usually get.

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Patent owners can prohibit farmers fromPatent owners can prohibit farmers from

breeding such plant and animal varieties as well. Inbreeding such plant and animal varieties as well. Indoing so, they have also taken away privileges thatdoing so, they have also taken away privileges that

the indigenous people have rightfully earnedthe indigenous people have rightfully earned

themselves.themselves.

As the patent owners benefit from the informationAs the patent owners benefit from the information

and materials that they do not actually ³own´, theand materials that they do not actually ³own´, the

indigenous people who have long been developingindigenous people who have long been developing

and cultivating these resources get nothing. They doand cultivating these resources get nothing. They do

not have a choice unless knowledge of the materialsnot have a choice unless knowledge of the materials

has been proven traditional and the patent has beenhas been proven traditional and the patent has been

canceled.canceled.

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Actions Taken AgainstActions Taken Against

Biopiracy Biopiracy Bioprospecting ContractsBioprospecting Contracts

To minimize the detrimental effects of To minimize the detrimental effects of

biopiracy and to ³legalize´ such transactions, therebiopiracy and to ³legalize´ such transactions, there

is the sois the so--called ³bioprospection contract.´ With thiscalled ³bioprospection contract.´ With this

contract, economic income or royalties would becontract, economic income or royalties would be

provided to the local communities concerned whileprovided to the local communities concerned while

the patent owners generate earnings. However, thethe patent owners generate earnings. However, thefairness of these contracts has been a subject of fairness of these contracts has been a subject of

debate.debate.

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Unethical bioprospecting contracts andUnethical bioprospecting contracts and

breaking the contract can be viewed as new formsbreaking the contract can be viewed as new forms

of biopiracy, and would therefore bring about certainof biopiracy, and would therefore bring about certainconsequences.consequences.

Patents can be cancelled once traditionalPatents can be cancelled once traditional

knowledge of such biological material is provenknowledge of such biological material is proven

to be of traditional knowledge, or known in a localto be of traditional knowledge, or known in a localcommunity for a long time.community for a long time.

A collector or researcher must agree toA collector or researcher must agree to

provide an equitable share of benefits to theprovide an equitable share of benefits to the

locals concerned before he or she could obtainlocals concerned before he or she could obtainbiological samples. Failure to do so may denybiological samples. Failure to do so may deny

him or her access to such samples.him or her access to such samples.

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If there is no ³prior informed consent´ of takingIf there is no ³prior informed consent´ of taking

biological materials from a local community,biological materials from a local community,

profits can be taken from the researcher and theprofits can be taken from the researcher and theaffected locals can retrieve such in the court. Theaffected locals can retrieve such in the court. The

researcher would not be able to pass onresearcher would not be able to pass on

illegitimate samples to collaborators and other illegitimate samples to collaborators and other

third parties, as well.third parties, as well. If the rules of bioprospecting have beenIf the rules of bioprospecting have been

violated, the patent owner would be labeled as aviolated, the patent owner would be labeled as a

³biopirate.´ By having this title, one can instantly³biopirate.´ By having this title, one can instantly

lose his or her credibility and this can lead to alose his or her credibility and this can lead to achain of unfortunate occurrences. It may alsochain of unfortunate occurrences. It may also

cause him or her to be sent to jail.cause him or her to be sent to jail.

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Patent LawPatent Law

In the United States, patent law is used toIn the United States, patent law is used to

protect ³isolated and purified compounds´ that wereprotect ³isolated and purified compounds´ that were

newly discovered and invented. A patent is thenewly discovered and invented. A patent is the

exclusive rights given to a person so that others willexclusive rights given to a person so that others will

be prohibited in making, using, or selling thebe prohibited in making, using, or selling the

invention.invention.

One common misunderstanding is thatOne common misunderstanding is that

pharmaceutical companies patent the plants theypharmaceutical companies patent the plants they

collect. While obtaining a patent on naturallycollect. While obtaining a patent on naturallyoccurring organisms is not possible, patents may beoccurring organisms is not possible, patents may be

taken out on specific chemicals isolated or taken out on specific chemicals isolated or

developed from plants.developed from plants.

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Convention on Biological DiversityConvention on Biological Diversity

The 1993 Convention on Biological DiversityThe 1993 Convention on Biological Diversity(CBD) establishes sovereign national rights over (CBD) establishes sovereign national rights over

biological resources and commits member biological resources and commits member

countries to conserve them, develop them for countries to conserve them, develop them for

sustainability, and share the benefits resulting fromsustainability, and share the benefits resulting fromthe use. Sustainable use of biological resourcesthe use. Sustainable use of biological resources

means finding new drugs, crops, and industrialmeans finding new drugs, crops, and industrial

products, while conserving the resources for futureproducts, while conserving the resources for future

studies. Sovereign rights would be tempered bystudies. Sovereign rights would be tempered byproviding access to genetic resources, in exchangeproviding access to genetic resources, in exchange

for a share of the benefits, including access tofor a share of the benefits, including access to

biotechnology.biotechnology.

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