Biopiracy

'Biopiracy' is defined as 'the theft of various natural products and then selling them by getting a patent without giving any benefits or compensation back to the host country’.

or

It is an unauthorised misappropriation of any biological resource and indigenous knowledge.

• Biopiracy, literally meaning “the patenting of life", is the unauthorised misappropriation of biological resources and indigenous traditional knowledge.

• Biopirates vs. Pirates: While traditional pirates steal and kill, biopirates steal and misuse patents. They steal natural products and sell them by getting patents without providing compensation or benefit-sharing to the host country.

• False Inventions: The so-called "innovations and discoveries" of modern pharmaceutical and agricultural research do not qualify as new inventions, as they are based on centuries of knowledge stolen from traditional societies.

There is a growing realisation of the injustice, inadequate compensation, and unfair benefit sharing between developed and developing nations:

Traditional knowledge involves a deep, generationally handed-down understanding of ecological processes and the ability to sustainably extract useful products from local habitats.

1. Key Components of TK:

• Food, crop varieties, and agricultural/farming practices.
• Sustainable management of natural resources and biodiversity conservation.
• Biologically important medicines.

2. Commercial Value of TK:

• Traditional knowledge helps multinational companies (MNCs) develop modern, commercial applications while saving time, effort, and immense expenditure.

3. Cultural and Environmental Importance:

• Tribal Survival & Human Rights: Conserving species, habitats, and biodiversity is essential for the continued survival of tribal people. The opportunity for cultural survival is a basic human right.
• Environmental Benefit: By conserving tribal customs and habitats, we concurrently reduce emissions from deforestation and ecosystem degradation.

1. Neem (Azadirachta indica):

• Indians have used and shared the properties of neem since time immemorial.
• In the early 90s, the USDA and an American MNC (W.R. Grace) pirated this knowledge and sought a patent from the European Patent Office (EPO) for the fungicidal properties of neem oil.

2. Basmati Rice:

• A long-grained, aromatic rice indigenous to the Indian subcontinent.
• In 1997, a Texas-based company (Rice Tec Inc.) was granted a US patent for "Basmati rice lines and grains" (Texmati).
• Due to a massive people's movement, the USPTO rejected all claims in March 2001.

3. Turmeric (Haldi):

• In March 1995, US researchers of Indian origin were granted a patent for turmeric's healing properties – something recorded in ancient Ayurveda for centuries.
• The Council of Scientific and Industrial Research (CSIR) applied for a re-examination, proving the mistake and forcing the US Patent Office to cancel the patent.

4. Pentadiplandra brazzein:

• A plant found in South Africa containing brazzein, a vital low-calorie sweetener.
• The gene encoding this protein was isolated, sequenced, and patented in the USA.

5. Enola Bean:

• A Mexican yellow bean variety whose sale was commercialised in North Mexico.
• The patent holder sued importers, creating an economic crisis for local Mexican farmers.

• Global Laws: Nations are developing strict laws to prevent the unauthorised exploitation of their bio-resources and traditional knowledge.
• Indian Patents Act: The Indian Parliament passed the Second Amendment of the Indian Patents Act (1970). This amendment takes biopiracy issues into consideration, including patent terms of emergency provisions and research and development initiatives.
• Genetic Literacy: It is the need of the hour to launch a genetic literacy movement in Indian schools and colleges to better understand the risks and opportunities of biotechnology and promote safe, meaningful use of modern life sciences.

• Biopiracy is the unauthorised use or patenting of biological resources and traditional knowledge without giving compensation to the original owners.
• It mainly occurs when developed countries exploit the rich biodiversity and traditional knowledge of developing countries.
• Traditional knowledge includes information about agriculture, medicines, and conservation practices passed through generations.
• Biopiracy harms indigenous communities by denying them rights, benefits, and recognition for their knowledge.
• Common examples include the patenting of neem, basmati rice, and turmeric (haldi) by foreign companies, which were later challenged and revoked.