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BiopiracyBiopiracy

by Jan Priegnitz by Jan Priegnitz ©®™©®™

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StructureStructure

history about patents in generalhistory about patents in general the value of biodiversitythe value of biodiversity examples of biopiracyexamples of biopiracy international agreementsinternational agreements persons and NGOs involved in the persons and NGOs involved in the

counter-movementcounter-movement

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HistoryHistory1474 – the senate of Venice enacts a law for the protection of inventors

1500 1600 1700 1800 1900

2000

1988 – US-patent office grants the first patent on a mammal (cancer mouse)

1873 – Louis Pasteur receives the first patent on a living organism in the USA (purified yeast)

1623/24 – first law for the protection of intellectual property rights in England

1973 – signing of the European Patent Agreement

19901980197019601950

Until 2001 the EPO granted267 patents on plants,69 on animals and962 on human genes.

1997 – introduction of resowing-fees in Germany

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Requirements and Requirements and power of patentspower of patents

criteria of patentability • novelty• inventiveness and • usefulness

deadline for raising an objection lasts 9 months valid for 20 years second registration of the same kind is impossible in

another country

costs for a patent are about 30000 €, the EPO gets 5000 €, plus annual fees, the profit in 1999 was 125 mio. €

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Cupuaçu

Basmati

Hoodia

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Origin of the word “biopiracy”Origin of the word “biopiracy” for the first time introduced by the RAFI for the first time introduced by the RAFI

in 1993in 1993

Definition of the ETC Group: Definition of the ETC Group: "the appropriation of the "the appropriation of the knowledge and genetic resources of knowledge and genetic resources of farming and indigenous communities farming and indigenous communities by individuals or institutions by individuals or institutions seeking exclusive monopoly control seeking exclusive monopoly control

(usually patents or (usually patents or plant breeders' rights) plant breeders' rights)

over these resources and over these resources and knowledge.”knowledge.”

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Cupuaçu Cupuaçu similar to cocoasimilar to cocoa traditionally used for juice, traditionally used for juice,

ice-cream, marmelade and ice-cream, marmelade and gateausgateaus

the japanese corporation the japanese corporation Asahi registered the name Asahi registered the name and applied for a patent and applied for a patent for its usefor its use

protest: chocolate made of protest: chocolate made of Cupuaçu is sold by third-Cupuaçu is sold by third-world-stores world-stores

not successful yetnot successful yet

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Hoodia-Cactus Hoodia-Cactus growing in the Kalahari

desert used as an appetite

suppressant by the San tribe

was patented in order to sell diet pills

Benefit Sharing: Pfizer and Phytopharm will pay 6 % of all royalties (only 0.003% of netto sales)

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BasmatiBasmati

27 varieties grown in India

patent by RiceTec. Inc. in Alvin, Texas, USAwith support by the IRRI (International Rice Research Institute)

India won the trialIndia won the trial

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ITPGRFA ITPGRFA ((IInternational nternational TTreaty on reaty on PPlant lant GGenetic enetic RResources for esources for FFood and ood and AAgriculture)griculture)

CBD CBD ((CConvention on onvention on BBiological iological DDiversity)iversity) WIPO WIPO ((WWorld orld IIntellectual ntellectual PProperty roperty OOrganization)rganization)

UPOV UPOV (International (International UUnion for the nion for the PProtection rotection oof New f New VVarieties of Plants)arieties of Plants)

TRIPS TRIPS ((TTrade rade RRelated elated AAspects of spects of IIntellectual ntellectual PProperty rightroperty rightss))

DIRECTIVE 98/44/EC on the legal protection DIRECTIVE 98/44/EC on the legal protection of biotechnological inventionsof biotechnological inventions

International agreementsInternational agreementsbe-tt-e-r

w-o-r-s-e

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Vandana ShivaVandana Shiva

““Biopiracy deprives us in three Biopiracy deprives us in three ways:ways:

1. It creates a false claim to 1. It creates a false claim to novelty and invention, even though novelty and invention, even though the knowledge has evolved since the knowledge has evolved since ancient times as part of the ancient times as part of the collective and intellectual heritage collective and intellectual heritage of India.of India.

2. It divests scarce biological 2. It divests scarce biological resources to monopoly control of resources to monopoly control of corporations thus depriving local corporations thus depriving local communities the benefits of its communities the benefits of its use.use.

3. It creates market 3. It creates market monopolies and excludes the monopolies and excludes the original innovators (farmers) from original innovators (farmers) from their rightful share to local, their rightful share to local, national and global markets.”national and global markets.”

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Richard StallmanRichard Stallman

„It is indeed wrong for biotech companies to convert the world's natural genetic resources into private monopolies - but the wrong is not a matter of taking someone else's rightful property, it is a matter of privatizing what ought to be public. These companies are not biopirates. They are bioprivateers.“

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““sliced fried sausage sprinkled with sliced fried sausage sprinkled with curry powder and served with curry powder and served with

ketchup – really delicious”ketchup – really delicious”

http://archiv.greenpeace.de/GP_GRAFIK/KARTEN/CURRYPAT.PDF

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What is the best way to prevent patents on life?

forbidden by policy61%

industry and business do

without voluntarily

21%

both13%

not at all2%

no information3%

Opinion poll by emnid in GermanyOpinion poll by emnid in Germany

Do you think it's right if companies and institutes

are granted patents on genes, plants, animals and parts of the human body?

right13%

w rong84%

no information

3%

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Intellectual property rights of my sources owned byIntellectual property rights of my sources owned bywww.ipcb.org

www.amazonlink.org/biopiracy/index.htmwww.biowatch.org.za/csir-san.htm

www.greenpeace.orgwww.stallman.org/articles/biopiracy.html

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Questions for discussionQuestions for discussion

What should be able to be patented? What should be able to be patented? (technology, procedures, ideas, information, (technology, procedures, ideas, information,

traditional knowledge, art, life...)traditional knowledge, art, life...)

How strong should be patent protection? How strong should be patent protection? Are patents enforcing or preventing research?Are patents enforcing or preventing research? How do patents on plants affect the work of plant-How do patents on plants affect the work of plant-

breeders? breeders?

How can "fair trade"/benefit-sharing be managed?How can "fair trade"/benefit-sharing be managed?