Biopiracy
Part of a series on |
Indigenous rights |
---|
Rights |
Governmental organizations |
NGOs and political groups |
Issues |
Legal representation |
Countries |
|
Category |
Biopiracy (also known as scientific colonialism) is the unauthorized appropriation of knowledge and genetic resources of farming and indigenous communities by individuals or institutions seeking exclusive monopoly control through patents or intellectual property.[1] While bioprospecting is the act of exploring natural resources for undiscovered chemical compounds with medicinal or anti-microbial properties, commercial success from bioprospecting leads to the company's attempt at protecting their intellectual property rights on indigenous medicinal plants, seeds, genetic resources, and traditional medicines.[2]
Moreover, if biological resources and traditional knowledge are taken from indigenous or marginalized groups, the
With the advancement of extraction techniques of genetic material in biochemistry and molecular biology, scientists are now able to identify a specific gene, which directs to enzymes capable of converting one molecule to another.[4] This scientific breakthrough brings up the question of whether the organism containing the gene that has been modified through a series of tests and experiments should be accredited to the country of origin.
History
Colonial implications
Biopiracy is historically associated with colonialism, where developing resource-rich countries and indigenous populations would be exploited without permission. Since the arrival of European settlers in search of gold, silver, and rare spices, the wealth of knowledge on plant-based riches was highly valued.
The General Agreement on Tariffs and Trade (GATT) of 1947 was an effort to encourage international trade by reducing or eliminating trade barriers like tariffs or quotas.[6] Trade-Related Intellectual Property Rights (TRIPS) was negotiated at the end of GATT. Similarly, Columbus set a precedent in 1492 through land titles granted by European kings and queens, which acted as a sort of patent for colonizers. The World Trade Organization (WTO) agreement of TRIPS attempts to signal the importance of maintaining a balance between trade and intellectual property. This agreement, since 1994, requires WTO member countries to develop legal frameworks to protect plant and animal resources in agricultural, pharmaceutical, chemical, textile, or other commodity contexts.[1] Several countries have criticized this agreement, claiming that it's counterproductive in protecting their natural resources.
The Eurocentric roots of property claiming and piracy are reinforced by modern Intellectual Property laws established by GATT and WTO which supplements the colonial ideas to "discover and conquer" and to "subdue, occupy, and possess."[7] Environmental activist and food sovereignty advocate Vandana Shiva calls patenting and claiming rights to genetic material and bio-resources "the second coming of Columbus" due to its reinforcement of colonial power dynamics.[7] For example, the intellectual property for Indian products like tamarind, turmeric, and Darjeeling tea have been taken and patented by private corporations in historically colonial countries. More specifically, in 2010 The University of Michigan attempted to patent curcumin, the active ingredient of turmeric powder, to create drugs used for wound healing without directly crediting Indian communities, where turmeric was traditionally used in medicine for treating wounds, infections and skin problems for centuries. [1]
"Gene Rush" in Sri Lanka
The "Gene Rush" is the new era of biotechnology that allows scientists to extract specific genes from living organisms as raw materials. With the introduction of deoxyribonucleic acid (
Terminology
"Biopiracy" was coined in the early 1990s by Pat Mooney, founder of ETC Group which works to protect the world's most vulnerable people from socioeconomic and environmental impacts of new, modern technologies. He defines it as when researchers or research organizations take biological resources without official sanction, largely from less affluent countries or marginalized people.[5] Biopiracy includes theft or misappropriation of genetic resources and traditional knowledge through the intellectual property system and unauthorized and uncompensated collection of genetic resources for commercial purposes.[5] Mooney, along with other critics of the patent system, believes that the current intellectual property system creates inequities in the system by allowing wealthy and powerful groups of people to own the most basic building blocks of life.
Intellectual Property and international law
Intellectual property (IP) rights include
Intellectual property rights (IPR) were created to promote and reward scientific knowledge and creativity. However, they naturally weigh towards benefiting transnational corporations.[7]
Restrictions in favor of corporations
Early intellectual property treaties were crafted in the late 19th century by European powers, and inherently ignored large parts of the impact of intellectual property on non-European peoples, cultures, and traditions.
In the late 20th century, more inequalities were added to the intellectual property system, representing a shift from common rights to private rights of knowledge. The preamble of TRIPS agreement acknowledges these rights as private rights. By privatizing intellectual commons, TRIPS encourages corporate monopoly.
A second restriction comes from the fact that IP rights are only recognized when they generate profit, rather than then when they meet social needs. The TRIPS agreement clarifies that an innovation must be capable of industrial profit in order to be recognized as an IPR,[9] which discourages recognition of social good.
Legal framework against biopiracy in relation to genetic resources and traditional knowledge
In parallel, the international community has been working on different legal pathways to rebalance the intellectual property system in favour of indigenous peoples and local communities, in an attempt to address concerns related to biopiracy.
First elements related to genetic resources and traditional knowledge were included in the 1992 Convention on Biological Diversity (CBD). In 2014, the Nagoya protocol to the CBD created actionable mechanisms to ensure a fair access and benefit-sharing of genetic resources (GR).
Since 2001, the
Examples
Incident | Country of Origin | Pirated Country |
---|---|---|
Karawila (Momordica charantia) | South Asian countries including Sri Lanka | USA |
Turmeric (Curcuma longa) | India | USA |
Kothala Himbutu (Salacia reticulata) | Sri Lanka | Japan, USA, other European countries |
Magul Karanda ( Pogamia glabra )
|
Sri Lanka | Japan |
Masbadda (Gymnema sylvestre) | Sri Lanka | Japan |
Heen Bavila (Sida cordifolia) | Sri Lanka | Japan |
Weniwalgeta (Coscinium fenestratum) | Sri Lanka | Japanese, European, and USA pharmaceutical manufacturers |
Neem (Azadirachta indica) | India Nepal | EPO to US Department of Agriculture and the US-American firm W.R. |
Enola Bean (Phaseolus vulgaris) | Mexico | USA |
Rubber seeds (Hevea brasiliensis) | Brazil | England |
Hoodia plant (Hoodia gordonii) | Southern Africa | CSIR gave patent to Phytopharm and Pfizer |
Kakadu Plum (Terminalia ferdinandiana) | Australian Aboriginal people | USA |
Aloe vera | Sri Lanka | USA |
Neem tree
In the arid areas of India, the neem tree, or Azadirachta indica, is a fast-growing evergreen of up to 20 meters in height. From its roots to leaves, the tree contains a number of potent chemical compounds, including azadirachtin which can be found in the seeds. The neem tree has applications in medicine, toiletries, contraception, timber, fuel, and in agriculture.[11] Historically, access to the neem tree's various products has been free or cheap. There are about 14 million neem trees in India, and the centuries old village techniques of seed oil extraction and pesticidal emulsions do not require expensive equipment. Villagers relied on the large number of different medicinal compounds accessible through the neem material which were commonly available.[11] When US timber importer Robert Larson noticed the tree's usefulness in 1971, he conducted research over the next decade on the pesticidal properties in the neem extract called Margosan-O. After gaining clearance for the product from the US Environmental Protection Agency (EPA) in 1985, he sold the patent for the product to W.R. Grace. While the corporation patented the neem tree seed extract for their antifungal spray, Neemex in 1994, neem extracts have been used by rural farmers in India for more than 2,000 years in insect repellants.[5]
Challenge against patent
India-based Research Foundation for Science, Technology, and Ecology (RFSTE) challenged the US patent with the claim that the qualities of the neem tree and their use had been known in India for over 2,000 years.[12] The Congressional Research Service (CRS) reported to US Congress in justification of the patent claiming that the synthetic form or the process of synthesis of the naturally occurring compound should be patentable. However, the process of synthesis which W.R. Grace claims to be a genuine innovation is simply an advance on Indian techniques which only exists in the context the ignorance of the West. The patent was finally overturned by the EPO in 2000.[5] The village neem tree has become a symbol of Indian Indigenous knowledge and resistance against transnational corporations, and protestors against international property rights legislation carried twigs or branches of neem.[11]
Hoodia cactus
The
Challenge against patent
Following the confirmation of the patent, representatives of the San people, backed by the global support of patent-law critics and bioethicists, demanded restitution of their rights to their common intellectual property. After a long dispute, CSIR and the San people came to a confidential 'benefit-sharing' agreement where the San people were given royalties, knowledge exchange and creation of jobs from the industry.[14]
Pineapple leather
Corporate greenwashing
Greenwashing is a term coined by environmentalist Jay Westervelt in 1986, meaning the false claims by companies that give the impression of sustainability and environmentalism.[19] Without clarifying the metrics and quantifiable goal of the company's environmental agenda, many big companies attempt to paint the picture of ethical and eco-friendly images. Resources and materials pirated from indigenous communities are often commodified and recycled into corporate environmentalist agendas. Due to the exploitative nature of the fast fashion supply chain, many 'green' collections released by corporations only promote their marketing strategies and increase problems with textile waste and climate change.
The Conscious Collection released by H&M in 2010 also partners with Ananas Anam to produce vegan leather jackets.[20] Due to inconclusive data on Piñatex biodegradability, the Norwegian Consumer Authority accused the brand of misleading customers with vague details of the sustainability claims made. The brand responded by saying they would accept the criticism and communicate the extra value.[18]
New efforts
The Convention on Biological Diversity created by the United Nations in 1992 demanded that bioprospecting should not be done without the consent of the host country. The convention concluded that exploitation of local resources for medicinal and pharmaceutical purposes should actively involve local traditional communities and the produced profit and benefits be shared in an equitable way.[21]
The International Cooperative Biodiversity Group (ICBG) is a network of bioprospecting projects funded by the US government. While the main objective is to discover and research plants bearing chemical compounds that could cure diseases in the United States, the countries hosting the searches can expect equitable rewards and benefits. Local job creation in communities is promoted by conducting the initial extraction and analysis steps in local laboratories. If the research leads to commercialized drugs, 50% of the royalties are invested into community development funds run by indigenous people.[21]
See also
References
- ^ a b c Rose, Janna. "Biopiracy: when indigenous knowledge is patented for profit". The Conversation. Retrieved 2021-11-19.
- ^ PMID 33679261.
- S2CID 5809604.
- JSTOR 971418.
- ^ a b c d e "Biopiracy: the largely lawless plundering of Earth's genetic wealth". Landscape News. 2020-12-15. Retrieved 2021-11-19.
- ^ "General Agreement on Tariffs and Trade (GATT)". Investopedia. Retrieved 2021-11-19.
- ^ ISBN 978-1-62317-071-4.[page needed]
- ^ "UNIDO presents its experience in developing Sri Lanka's cinnamon value chain at Geneva event | UNIDO". www.unido.org. Retrieved 2021-11-19.
- ^ "WTO | intellectual property - overview of TRIPS Agreement". www.wto.org. Retrieved 2021-11-28.
- ^ "Table 1 | Biopiracy: Abolish Corporate Hijacking of Indigenous Medicinal Entities". www.hindawi.com. Retrieved 2021-11-28.
- ^ a b c "The neem tree - a case history of biopiracy". twn.my. Retrieved 2021-11-28.
- ^ "India wins landmark patent battle". 2005-03-09. Retrieved 2021-11-28.
- .
- ^ a b "San Victorious in Bio-Piracy Case". www.culturalsurvival.org. Retrieved 2021-11-28.
- ^ "Struggle over Hoodia patent continues in South Africa". web.williams.edu. Retrieved 2021-11-28.
- S2CID 192934902.
- ^ Hijosa, Carmen (2015). Piñatex, the design development of a new sustainable material (Thesis).
- ^ ProQuest 2544320592.
- ^ "The deception of greenwashing in fast fashion". www.downtoearth.org.in. Retrieved 2021-11-29.
- ^ "CNN - Breaking News, Latest News and Videos". lite.cnn.com. Retrieved 2021-11-29.
- ^ a b corinnecluis (2006-06-14). "BIOPROSPECTING: A NEW WESTERN BLOCKBUSTER, AFTER THE GOLD RUSH, THE GENE RUSH | SCQ". www.scq.ubc.ca. Retrieved 2021-11-29.