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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.
7/29/2019 Biopiracy Group4 Mk1A
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.
7/29/2019 Biopiracy Group4 Mk1A
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/Patent7/29/2019 Biopiracy Group4 Mk1A
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.
7/29/2019 Biopiracy Group4 Mk1A
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.
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