Confronting Biopiracy

by Robinson, Daniel F.

• ISBN13: 9781849714327
• ISBN10: 1849714320
• Edition: Reprint
• Format: Paperback
• Copyright: 2011-09-21
• Publisher: Routledge

Summary

"Biopiracy" refers either to the unauthorised extraction of biological resources, such as plants with medicinal properties, and associated traditional knowledge from indigenous peoples and local communities, or to the patenting of spurious "inventions" based on such knowledge or resources without compensation. Biopiracy cases continue to emerge in the media and public eye, yet they remain the source of considerable disagreement, confusion, controversy and grief. The aim of this book is to provide the most detailed, coherent analysis of the issue of biopiracy to date. The book synthesises the rise of the issue and increasing use of the term by activists and negotiators in the World Trade Organization (WTO) and the Convention on Biological Diversity (CBD), to form a critical understanding of the themes, implications and politics of biopiracy. Taking a case-study based approach, derived from interviews and fieldwork with researchers, government, industry, local farmers, healers and indigenous people, the author sequentially documents events that have occurred in biopiracy and bioprospecting controversies. Implications and ethical dilemmas are explored, particularly relating to work with local communities, and the power relations entailed. Detailing international debates from the WTO, CBD and other fora in an accessible manner, the book provides a unique overview of current institutional limitations and suggests ways forward. Options and solutions are suggested for local communities, national governments, international negotiators, NGO and interest groups, researchers and industry.

Author Biography

Daniel F. Robinson is Lecturer at the Institute of Environmental Studies, University of New South Wales, Australia.

Table of Contents

List of Boxes and Figures	p. viii
Acknowledgements	p. ix
Abbreviations and Acronyms	p. x
Introduction	p. xiii
Research Insights	p. xiv
Structure of the Book	p. xiv
Collecting - Prospecting - Piracy	p. 1
Plant Hunting, Collecting and Trade	p. 3
Ethnobotany	p. 6
Intended or Unintended Impact?	p. 7
Bioprospecting	p. 11
Biopiracy	p. 14
Definitions and Ambiguity	p. 17
International Legal Backdrop	p. 23
The Convention on Biological Diversity	p. 26
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights	p. 28
Patents, Plant-Variety Protection or Sui Generis Systems	p. 29
The Expanded Review of Article 27.3(b)	p. 30
The World Intellectual Property Organization	p. 31
The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore	p. 33
The International Convention for the Protection of New Varieties of Plants	p. 34
The International Treaty on Plant Genetic Resources for Food and Agriculture	p. 35
Human Rights and Traditional Knowledge	p. 39
Bilateral and Regional Trends	p. 40
Following Current Developments - Research Sources	p. 42
Patent-Related Biopiracy Cases	p. 45
Basmati Rice	p. 47
Hawai'ian Taro	p. 49
Yellow Enola Beans	p. 51
Camu Camu Patents	p. 53
Kwao Krua	p. 55
Local Patents on Kwao Krua	p. 55
Foreign Patents on Kwao Krua	p. 57
Artemisia judaica	p. 59
Hoodia	p. 61
Japanese Patents on Plao Noi	p. 63
Blight-Resistant Rice	p. 66
Peruvian Maca	p. 67
Ayahuasca	p. 68
Other Reported Biopiracy Cases and Controversies	p. 70
Are More Cases Likely?	p. 73
Non-Patent Biopiracy Cases	p. 77
Plant-Variety Protection as Biopiracy	p. 78
'Plant-Breeders' Wrongs' in Australia	p. 79
Peanuts from Malawi	p. 81
Habanero Pepper	p. 82
Other Cases of Dubious Plant-Breeder Rights	p. 84
Trademarks as Biopiracy?	p. 85
The 'Jasmati' Trademark	p. 87
Rooibos Tea	p. 89
Açaí and Other Brazilian Cases	p. 91
Misappropriations of Biological Resources and Traditional Knowledge	p. 92
The Biotec/University of Portsmouth Marine Fungi Case	p. 93
Stepwise Program for the Improvement of Jasmine Rice for the US	p. 95
The Blurry Line between Bioprospecting and Misappropriation - An Example from Chiang Mai	p. 97
Implications and Ethical Dilemmas - What have the Cases Shown?	p. 101
Exclusion from Further Sale or Export	p. 102
Inequities	p. 105
Cultural Affront	p. 108
Overexploitation of a Biological Resource	p. 112
Breakdown of Research Relationships and Trust	p. 114
Current Debates and Ways Forward: Internationally and Regionally	p. 117
'No Life Patents!'	p. 118
Amendments to the Patent System	p. 119
Controlling Access and Transfer of Biological Resources and/or Traditional Knowledge	p. 124
Other Intellectual Property Opportunities	p. 127
Indigenous Rights and Traditional Knowledge	p. 129
Traditional Knowledge, Customary Protocols and Laws	p. 130
Summary - International Governance	p. 133
Regional Initiatives on Biological Resources and Traditional Knowledge	p. 134
ASEAN Framework Agreement on Access and Benefit-sharing	p. 134
African Model Law	p. 135
Regional Biodiversity Strategy for the Tropical Andean Countries	p. 138
Pacific Model Laws	p. 139
Current Debates and Ways Forward: National and Local Approaches	p. 141
Peru's National Anti-Biopiracy Commission	p. 142
Biodiversity Laws and Regulations	p. 143
Non-UPOV Sui Generis Plant-Variety Protection Laws	p. 144
Sui Generis Traditional Knowledge and Community Rights Laws	p. 149
Databases and Registers	p. 151
Traditional Knowledge and Customary Laws: Local Contexts	p. 153
The Role of Non-Government Interest Groups and Stakeholders	p. 154
Conclusions	p. 157
Bibliography and Sources	p. 161
Index	p. 179
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