The business of genetic resources commercialisation is booming. These include high-demand commercial trades of cosmetics, drugs, genetically enhanced crops, animal material, and so on. Most of these materials are protected through patents that provide the title of novelty to them.
However, these materials are not new, as their genetic resources developed depending on known traditional knowledge concerning the natural space. Usually, rural farmers and indigenous groups are the sole holders of such knowledge but are not recognised or compensated for the role they play to secure biodiversity. Instead, researchers/ individuals/ groups/ organisations profit from patent-holding, giving rise to biopiracy. Let us explore the definition and examples of biopiracy.
Definition of Biopiracy
It is defined as the unapproved utilisation of biological materials that can include traditional culture, knowledge, and genetic resources. Often universities, corporations, and research institutions exploit these resources without taking consent from the communities that have been using the same for centuries. Let us look at some examples of biopiracy.
What are Examples of biopiracy?
One of the best examples of biopiracy includes that of a 1994 patent by the U.S. multinational corporation W.R. Grace for seed extract of the neem tree. It was used to create Neemex, an anti-fungal spray. Though the commercial company for the product stated they found the formula through their unique invention, Indian ruler farmers have been using the neem extracts in soaps, insect repellants, and contraceptives for over 2000 years.
In 2000, the patent was withdrawn due to farmers fighting for the patent. However, there is no solitary legal regulation or definition of biopiracy. This leaves space for several cases where companies file patents for everything from human cell lines to gene sequences and even crop varieties without compensating the origin communities.
One of the popular examples of biopiracy is the turmeric patent filed by an American company. As we know, turmeric has been one of the prime spices Indians have been using for centuries. Indians have used it for medicinal purposes as well as in Indian dishes. The respective American company got the turmeric patent in 1985, which was later cancelled. This biopiracy definition and examples highlight the exploitation of such indigenous communities.
Many raise the question that can’t the provision of the intellectual property system be helpful in these scenarios? But, when we look through policies of intellectual property and patent system, no benefits are provided in terms of indigenous rights to traditional knowledge holders.
Thus, many call the existing patent system a threat to Indigenous rights, increases social inequities and supports monopolies instead of biodiversity. Additionally, critics believe that the current patent system enables powerful groups and people to own and dominate the most fundamental rights of human life.
What are the Impacts of biopiracy?
Looking at the biopiracy definition and examples mentioned above, it is evident that it comes with several negative effects. Some of them are as follows:
Loss of cultural and traditional knowledge
With the stolen genetic resources, the traditional knowledge origin to discover and use such resources also gets lost. Thus, indigenous groups won’t be able to use their knowledge and resources, which can further disrupt the significance of cultural knowledge.
Threat to genetic diversity
The wrongful patent on the genetic resource also led to the loss of genes used to generate those resources. Due to this, the threat to genetic diversity becomes more prevalent. And altogether, the capacity to adapt to evolving surrounding conditions will get more difficult.
Scarcity of jobs
When a company claims an unauthorised patent on any genetic resource, they usually do not provide any kind of compensation to its founder or developers. Hence, patents prevent such people from using their resources for their living. Thus, loss of jobs also comes with biopiracy.
Rise of GMOs
Genetically Modified Organisms or GMOs can be a byproduct of biopiracy. GMOs can bring several negative impacts on the environment’s natural processes. For example, the rise of GM crops will increase the excessive use of herbicides. Further, it can prevent the development of herbicide-resistant plants and weeds.
Conclusion
Understanding the concept and effects of biopiracy is important to prevent it from happening. Many big companies earn profits by leveraging the existing generic materials from unaware or financially weaker communities. Hence, the patent system must include policies to protect the intellectual rights of traditional and cultural resources.