Biopiracy and bioprospection: a new terminology for an old

problem
Daniel Gallant (daniel@rede-verde.org)
02/2010

Keywords: biopiracy, bioprospection, exploitation, genetic resources, biological resources, corporation

What is biopiracy?

This word has been added recently to the Larousse 2009 edition dictionary. This term describes “the
illegal and unfair appropriation (patent claim) and exploitation of genetic and biological resources of
specific regions by corporations”. Although this term has only recently been used by linguists, biopiracy is
not a new phenomenon; some examples are dating back a very long time, from several centuries or even
thousands of years if we also take into account the early appropriation of local plants and resources by
the conquering empires as biopiracy.

For example, alfafa (Medicago sativa) was acquired by the Greek during the war against the Persian
Empire in the 5th century before JC.

However, the 1st real example of biopiracy, most commonly mentioned is the
one of the quinquina plant (Cinchona officinalis) brought back from Peru during
the 17th century and commercialized by the Spanish Jesuits as a remedy
against malaria. More recently, during the 20th century, biodiversity exploration
extended to different part of the globe, like in Latin America. This activity, now
called bioprospection, was often carried out in the name of science, for the
purpose of biodiversity conservation and expansion of knowledge. A
generalized example of biopropection is the work of Mark J. Plotkin in the
Amazon forest and his book “Tales of a Shaman’s Apprentice: An Ethnobotanist
searches for New Medicines in the Amazon Rain Forest”, published in 1993 by
Viking Adult edition. However, some of these exploration activities can aim at
finding practical purposes or commercialization, then being protected by exclusive rights. In some cases,
a patent can be submitted even if the product is based on the free share of knowledge and if it comes
from illegally collected samples.

Biopiracy is mainly a one-way problem. Most of the time, private corporations and multinational
companies from developed countries claim ownership of a certain variety of vegetable or animal
resources, specific genes, by-products or species extracts (proteins, oils) and technical knowledge. The
source of species and knowledge usually comes from tropical forests and traditional communities of
developing countries. There are 3 tragic consequences for these communities, which were originally the
1st one to use biological products acquired through traditional knowledge.

First of all, the patent holding company can make huge amount of profits with it without benefitting the
traditional communities they extracted the valuable information from.

Secondly, traditional users of these biological products and processes can be deprived from the free use
of it since the patent award intellectual property rights to the company.

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And finally, communities which are at the source of these biotechnologies or patented products can be
forced to pay in order to use the products that they were originally using freely and without limitations
for centuries.

Fight against biopiracy increased as the problem grew in size. Governments from the victim countries
such as India, the Philippines, Brazil, Gabon and Malaysia, are highly involved in this fight because they
rank among the richest territories for their biodiversity and traditional communities. In the developing
countries, many citizen groups are demonstrating against these multinationals regularly filing patents on
life. In the developed countries where most multinationals come from, many groups and non-
governmental organizations are involved in the fight like the Action Group for an Alternative to Biopiracy,
which is mainly based in France, Genetics Resources Action International (GRAIN) based in Europe and
Third World Network which is mainly operational in Asia. Recently, between June 13th and 15th 2009, a
1st important gathering took place in Paris, the International meetings against Biopiracy, where groups
and organizations tried to find alternative ways to fight against biopiracy.

Different approaches can be applied to the fight against biopiracy. For example, we can show that certain
communities were already using the product or technical before a patent was claimed, which will
legitimate their use independently from the later patent. Some traditional communities have been using a
plant or a by-product for ages or even thousands of years but it’s often very difficult to find written
documents. Now it is especially true for plants that a person or a company can file a patent claim on a
specific variety of species that was developed by genetic engineering or crossbreeding. If we analyse the
genetic constitutions of the patented variety, it is possible to detect fraud in the case this variety is
genetically identical to a local variety, already traditionally cultivated by some societies or already
included in seed banks or gene banks.

There are more and more cases where groups have been successful in cancelling patent on life, though
these cases are not being really disclosed in the media. Here are some examples:

 1995: the Swiss Peter Lendi, president of Bio-Herb Grower’s Association, obtained from the Switzerland
Supreme Court the cancellation of a patent claimed by a German pharmaceutical company Degussa/Asta
Medica on a variety of camomilla (Matricaria chamomilla) called “manzana”.

 1998: In India, the Council of Scientific and Industrial Research (CSIR) obtained from the United-States
Patent and Trademark Office (USPTO), the cancellation of a patent claimed by the medical centre of the
University of Mississippi on the use of turmeric (Curcuma longa) to help heal wounds.

 1999: the Center for International Environmental Law (CIEL), Coordinating Body of Indigenous
Organizations of the Amazon Basin (COICA) and the Coalition for Amazonian Peoples and their
environment (Amazon Coalition), obtain from the United-States Patent and Trademark Office (USPTO)
the cancellation for a patent claimed by the American Loren S. Miller on a vine variety from Amazonian
rainforest (Banisteriopsis caapi) called the “Da Vine”. This plant is the main component for a medicinal
sacred tea called ayahuasca, used for thousands of years in Amazonia.

 2001: The Indian network Navdanya obtained from the United-States Patent and Trademark Office
(USPTO), the cancellation of an important section of the patent claimed by the American company
RiceTec Inc. on Indian basmati rice.

 2004: the Indian network Navdanya obtained from the European Patent Office (EPO), cancellation from
a patent claimed by Monsanto on an Indian variety of rice called “Nap Hal”.

Rede Verde Conservation Network Inc. BN: 845495613NP0001

York street, 8 - 1st floor Moncton, NB E1C2X9 Canada
URL : www.rede-verde.org Email: info@rede-verde.org
 2005: The Research Foundation for Science, Technology and Ecology (RFSTE) and the International
Federation of Organic Agriculture Movements (IFOAM) obtained from the European Patent Office (EPO),
the full cancellation of the patent claimed by American multinational W.R. Grace on the use of the
fungicide properties of the Neem Indian tree (Azadirachta indica).

 2008: The International Centre for tropical Agriculture (CIAT) in Colombia, supported by groups of
Mexican farmers and the Consultative Group on International Agricultural Research (CGIAR), obtained
from the United-States Patent and Trademark Office (USPTO), the cancellation for a patent claimed by
the American Larry Proctor on a Mexican bean variety (Phaseilus vugaris) called “mayacoba”.

 2009: In France, the Peruvian National Commission and the Action group against Biopiracy obtained
from the National Industrial Property Institute (INPI) the cancellation of a patent claimed by the French
company Greentech on the use of oils and proteins extracted from the Sacha Inchi seeds ( Plukenetia
volubilis).

For more information on biopiracy, see the following references on organizations involved in the fight:

- Action Bioscience (www.actionbioscience.org)

- Center for International Environmental Law (www.ciel.org)
- Action Group for an Alternative to Biopiracy (www.biopiraterie.org)
- Consultative Group on International Agricultural Research (www.cgiar.org)
- Genetic Resources Action International (www.grain.org)
- International Centre for Tropical Agriculture (www.ciat.cgiar.org)
- Navdanya (www.navdanya.org)
- Third World Network (www.twnside.org.sg)

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Translation for Rede Verde Conservation Network Inc.: Marie-Virginie Girier-Dufournier

Rede Verde Conservation Network Inc. BN: 845495613NP0001

York street, 8 - 1st floor Moncton, NB E1C2X9 Canada
URL : www.rede-verde.org Email: info@rede-verde.org