16-03-2012, 03:21 PM
BIOPIRACY
GAURAV.ppt (Size: 1.51 MB / Downloads: 34)
Introduction:
Developed countries are exploiting developing countries’ genetic resources and indigenous communities’ traditional knowledge in the name of patent on inventions derived from those genetic resource and traditional knowledge.
This leads to the biopiracy where after exploiting the genetic resources and traditional knowledge the patentee does not give any authorization or compensation to the country from where it has exploited the genetic resource and indigenous communities’ traditional knowledge.
Biopiracy debate is the generally connected with the debate on globalization and in respect of intellectual property rights- the debate on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS’).
TRIPS is the first comprehensive legislation on intellectual property rights that is compulsory for all WTO member countries.
Intellectual property rights concerned with the patent is usually criticized by developing countries and indigenous communities as they considered it to encourage and legitimize biopiracy.
Bioprospecting is the search for biological resources and accompanying indigenous knowledge—primarily for the purpose of commercial exploitation.
How does it happens
An inventor, claims their ‘intellectual property rights’ over a particular product, usually by taking patent that protects their product by allowing the inventor to prevent other people from making, using or selling the product without permission.
The inventor applies for a patent from the governments of the territories over which he wants to assert his rights to prevent others from using his invention, to apply for an international patent that will apply in as many countries as the inventor chooses. This is all perfectly legal.
The problem arises when the product is based on plants whose unique properties are the result of years of breeding by farmers whose investment and work is unacknowledged and unrewarded – stolen, in effect.
In these cases the patent holders have failed to both obtain the farmer’s permission – or Prior Informed Consent (PIC) – and agree adequate compensation.
Genetic resources and Traditional knowledge:
Genetic resources can be defined as “any living material containing functional units of heredity”.
Traditional knowledge refer to indigenous communities, comprising “knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyle”.
Traditional knowledge is based on experience and is usually passed on through generations.