Biopiracy Group4 Mk1A

7/29/2019 Biopiracy Group4 Mk1A

1/5

For decades, new drugs have been found

in exotic animals and plants. Genes from

rare species and subspecies are also

useful in producing new breeds, whether

by genetic engineering or ordinary

cross-breeding. The drugs, and

nowadays the new breeds as well, are

typically patented. This causes trouble

for developing countries that could use

them.

To challenge an idea which is backed by

so much money is not easy. So somehave proposed the concept of

"biopiracy" as an alternative approach.

Instead of opposing the existence of

biological monopolies, this approach

aims to give the rest of the world a share

in the profits from them. The claim is

that biotechnology companies are

committing "biopiracy" when they base

their work on natural varieties, or

human genes, found in developing

countries or among indigenous peoples-

-and therefore they ought to be required

to pay "royalties" for this.

"Biopiracy" is appealing at first glance,

because it takes advantage of the currenttrend towards more and bigger

monopoly powers. It goes with the flow,

not against. But it will not solve the

problem, because the problem stems

from the trend that this concept

legitimizes and fails to criticize.


2/5

Biopiracyis a situation where indigenous

knowledge of nature, originating with

indigenous people, is used by others for

profit, without permission from and with

little or no compensation or recognition to

the indigenous people themselves.

BIOPIRACYoffers the multinationals, andthe governments that work for them, an easy

way to cement forever their regime of

monopolies. With a show of magnanimity, they

can concede a small part of their income to a few

lucky indigenous peoples; from then on, when

anyone questions whether biological patents are

a good idea, they can cite these indigenous

peoples along with the fabled "starving genius

inventor" to paint such questioning as

plundering the downtrodden.


3/5

Patent law

One common misunderstanding is that

pharmaceutical companies patent the plants they

collect. While obtaining a patent on a naturally

occurring organism as previously known or used is

not possible, patents may be taken out on specific

chemicals isolated or developed from plants. Often

these patents are obtained with a stated and

researched use of those chemicals. Generally the

existence, structure and synthesis of those

compounds is not a part of the indigenous medical

knowledge that led researchers to analyze the plant

in the first place. As a result, even if the indigenous

medical knowledge is taken as prior art, that

knowledge does not by itself make the active

chemical compound "obvious," which is thestandard applied under patent law.

In the United States, patent law can be used to

protect "isolated and purified" compounds - even, in

one instance, a new chemical element (see USP

3,156,523). In 1873, Louis Pasteurpatented a

"yeast" which was "free from disease" (patent

#141072). Patents covering biological inventions

have been treated similarly. In the 1980 case

ofDiamond v. Chakrabarty, the Supreme

Court upheld a patent on a bacterium that had been

genetically modified to consume petroleum,

reasoning that U.S. law permits patents on

"anything under the sun that is made by man."

The United States Patent and Trademark

Office (USPTO) has observed that "a patent on a

gene covers the isolated and purified gene but

does not cover the gene as it occurs in nature".

Also possible under US law is patenting a cultivar,

a new variety of an existing organism. The patent

on the enola bean (now revoked) was an example

of this sort of patent. The intellectual property laws

of the US also recognize plant breeders'

rights under the Plant Variety Protection Act, 7

U.S.C. 2321-2582.
http://en.wikipedia.org/wiki/Patenthttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Patent_lawhttp://en.wikipedia.org/wiki/Louis_Pasteurhttp://en.wikipedia.org/wiki/Diamond_v._Chakrabartyhttp://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttp://en.wikipedia.org/wiki/United_States_Patent_and_Trademark_Officehttp://en.wikipedia.org/wiki/United_States_Patent_and_Trademark_Officehttp://en.wikipedia.org/wiki/Cultivarhttp://www.patentlyo.com/patent/2009/07/mexican-yellow-bean-patent-finally-cooked.htmlhttp://en.wikipedia.org/wiki/Intellectual_propertyhttp://en.wikipedia.org/wiki/Plant_breeders%27_rightshttp://en.wikipedia.org/wiki/Plant_breeders%27_rightshttp://en.wikipedia.org/wiki/Plant_Variety_Protection_Acthttp://en.wikipedia.org/wiki/Plant_Variety_Protection_Acthttp://en.wikipedia.org/wiki/Plant_breeders%27_rightshttp://en.wikipedia.org/wiki/Plant_breeders%27_rightshttp://en.wikipedia.org/wiki/Intellectual_propertyhttp://www.patentlyo.com/patent/2009/07/mexican-yellow-bean-patent-finally-cooked.htmlhttp://en.wikipedia.org/wiki/Cultivarhttp://en.wikipedia.org/wiki/United_States_Patent_and_Trademark_Officehttp://en.wikipedia.org/wiki/United_States_Patent_and_Trademark_Officehttp://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttp://en.wikipedia.org/wiki/Diamond_v._Chakrabartyhttp://en.wikipedia.org/wiki/Louis_Pasteurhttp://en.wikipedia.org/wiki/Patent_lawhttp://en.wikipedia.org/wiki/United_Stateshttp://en.wikipedia.org/wiki/Patent


4/5

Useful varieties and genes are not foundeverywhere or with even distribution. Some

developing countries and indigenous peoples

will be lucky, and receive substantial funds

from such a system, at least for the twentyyears that a patent lasts; a few may become so

rich as to cause cultural dislocation, with a

second episode to follow when the riches runout. Meanwhile, most of these countries and

peoples will get little or nothing from this

system. "Biopiracy" royalties, like the patent

system itself, will amount to a kind of lottery.The appropriation of elements of this collective

knowledge of societies into proprietary

knowledge for the commercial profit of a fewis one of the concerns of the developing world.

An urgent action is needed to protect these

fragile knowledge systems through nationalpolicies and international understanding linked

to IPR, while providing its development and

proper use for the benefit of its holders. What

is needed is a particular focus on communityknowledge and community innovation,

enterprise and investment is particularly

important.

The local communities or individuals do nothave the knowledge or the means to safeguard

their property in a system, which has its origin

in very different cultural values and attitudes.The communities have a storehouse of

knowledge about their flora and fauna, their

habits, their habitats, their seasonal behaviour

and the like-and it is only logical and inconsonance with natural justice that they are

given a greater say as a matter of right in all

matters regarding the study, extraction andcommercialization of the biodiversity. A policy

that does not obstruct the advancement of

knowledge, and provides for valid andsustainable use and adequate intellectual

property protection with just benefit sharing is

what is needed.


5/5

The "biopiracy" concept presupposes that

natural plant and animal varieties, and

human genes, have an owner as a matter of

natural right. Once that assumption is

granted, it is hard to question the idea that

an artificial variety, gene or drug is

property of the biotechnology company by

natural right, and thus hard to deny theinvestors' demand for total and world-wide

power over the use of it. The idea of

"biopiracy" offers the multinationals, and

the governments that work for them, an

easy way to cement forever their regime of

monopolies. With a show of magnanimity,

they can concede a small part of their

income to a few lucky indigenous peoples;

from then on, when anyone questions

whether biological patents are a good idea,

they can cite these indigenous peoplesalong with the fabled "starving genius

inventor" to paint such questioning as

plundering the downtrodden.

Biopiracy Group4 Mk1A

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