Question
Define and explain the term Biopiracy.

Answer

  1. Biopiracy is defined as ‘theft of various natural products and then selling them by getting patent without giving any benefits or compensation back to the host country’.
  2. It is unauthorized misappropriation of any biological resource and traditional knowledge.
  3. It is bio-patenting of bio-resource or traditional knowledge of another nation without proper permission of the concerned nation or unlawful exploitation and use of bioresources without giving compensation.

Following are the examples of biopiracy:
(a) Patenting of Neem (Azadirachta indica):

  1. Pirating India’s traditional knowledge about the properties and uses of neem, the USDA and an American MNC W.R. Grace sought a patent from the European Patent Office (EPO) on the “method for controlling on plants by the aid of hydrophobic extracted neem oil,” in the early 90s.
  2. The patenting of the fungicidal properties of Neem, was an example of biopiracy.

(b) Patenting of Basmati:

  1. Texmati is a trade name of “Basmati rice line and grains” for which Texas based American company Rice Tec Inc was awarded a patent by the US Patent and Trademark Office (USPTO) in 1997.
  2. This is a case of biopiracy as Basmati is a long-grained, aromatic variety of rice indigenous to the Indian subcontinent.
  3. Very broad claims about “Inventing” the said rice was the basis of patent application.
  4. The UPSTO has rejected all the claims due to people movement against Rice Tec in March 2001.

(c) Haldi (Turmeric) Biopiracy:

  1. A patent claim about the healing properties of Haldi was made by two American researchers of Indian origin of the University of Mississippi Medical Center, to the US Patent and Trademark Office.
  2. They were granted a patent in March 1995.
  3. This is an example of biopiracy because healing properties of Haldi is not a new discovery, but it is a traditional knowledge in ayurvedas for centuries.
  4. The Council of Scientific and Industrial Research (CSIR) applied to the US Patent Office for a reexamination and they realized the mistake and cancelled the patent.

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