Biopiracy
Posted on Wednesday, January 20th, 2010
Biopiracy is a term used to describe how corporations from the developed world allegedly claim ownership of or otherwise take unfair advantage of, the genetic resources and traditional knowledge and technologies of developing countries. This creates an inequality between developing countries rich in biodiversity and developed countries that have power pharmaceutical industries that can exploit this resource.
An interesting case study to use as an example is the controversy of the ‘Neem Tree’. In 1995 the U.S. Department of Agriculture and a pharmaceutical research firm received a patent on a technique to extract an anti-fungal agent from the Neem tree which grows throughout India. The medicinal value of the tree has been understood by the natives of the land for decades now. The argument that the pharmaceutical companies used was – since traditional Indian knowledge of the properties of the Neem tree had never been published in an academic journal, such knowledge did not amount to ‘prior art’ (prior art is the term used when previously existing knowledge bars a patent).
The debate out there is over who benefits from the resource. Many groups argue that it is the local communities who possess the traditional biomedical knowledge should benefit from the commercial use of such knowledge. Many feel that those who patent it should benefit because they are sharing it with the world.
India has taken a strong stand against Biopiracy. India suggests that there should be a mandatory requirement for patent applicants to disclose origin of the biological resource being patented. The country has also contended that there should be proper benefit sharing with the country of origin of the patented resource.
We, here at Navdanya also believe that Biopiracy should be fought against and our local communities and resources should be protected. Navdanya started the campaign against biopiracy with the Neem Campaign in 1994. In 1998, Navdanya started a campaign against Basmati biopiracy. Our founder, Dr. Vandana Shiva describes biopiracy as something that “determines livelihoods and economic sovereignty because what is commonly available becomes the intellectual property of a company for which royalty must be paid”.
With the help of citizens, by way of them taking an affirmative stand against biopiracy, we have been able to win many battles against biopiracy. These victories have significantly contributed to the defence of the rights of farmers and their indigenous knowledge.
However, apart from citizens playing a responsible role in the fight against biopiracy, the government also must step up and take a strong against it. It is their duty to protect our country’s heritage and natural resources.
The need to create awareness among people about Biopiracy and its possible ramifications is more pressing now than ever before. I am happy and Proud that an Indian Organization Such as Navdaanya has taken the lead in this….. Congrats and wish you all success!!