7.8.1. Biopiracy

7.8.1. BIOPIRACY

Biopiracy is defined as, “the illegal appropriation of life – micro-organisms, plants and animals (including humans) and the traditional knowledge that accompanies it”

Multinational corporations (MNCs) have been searching for rich natural resources everywhere to make out a product along with the traditional knowledge prevailing there, then patent it and mint money out of it.

Indigenous people have been growing plants for centuries based on their traditional knowledge and considered as public domain. Patent is for a new product or new idea or process or knowledge or innovation. Hence, the traditional knowledge is effectively excluded from obtaining patent. Plants cannot be patented but their genes and active compounds can be patented. So, the MNCs make use of this knowledge and resource to make windfall profits.

This is an illegal appropriation of rights of indigenous people. It is also a violation of international conventions and domestic laws, if any. Hence, biopiracy is a new from of colonialism of indigenous people to plunder their knowledge and the national resources.

Naomi Roht-Arriaza (1996) observed:

Indigenous and the traditional communities have had no practical opportunity to participate in the development of national or international intellectual property system.

Marcia Ellen Degeer (2003) observed that –“Patent law is the antithesis of Indigenous communities, because it is based on monopolistic and exclusionary rights while tribal communities emphasize the needs of the group and the benefits of all over the individual”.

According to the patent law, an object or claim for patent will be granted when the following criteria are fulfilled; the object or claim be:

i) new

ii) Non-obvious and

iii) Useful

Last modified: Saturday, 24 December 2011, 7:51 AM