Biopiracy in Indian Legal System

Biopiracy, also known as scientific colonialism, is the illegal takeover of agricultural and indigenous communities' knowledge and genetic resources by people or organisations trying to monopolise them through patents or other forms of intellectual property. While the act of bioprospecting is the search for previously unidentified chemical compounds that have therapeutic or anti-microbial properties in natural resources, commercial success from bioprospecting prompts the company to attempt to protect their intellectual property rights on native medicinal plants, seeds, genetic resources, and traditional medicines.

Furthermore, communities may suffer if indigenous or marginalised groups' biological resources and traditional knowledge are appropriated for commercial purposes. Bioprospecting and biochemical research may have innovative and therapeutic uses, but they always result in exploitation when native peoples' lands are taken without just compensation for their genetic riches.

What is the Meaning of Biopiracy?

Biopiracy is the illegal exploitation and/or patenting of biological resources or bioresources belonging to other countries by certain organisations and multinational corporations without the required consent of those countries. The exploitation of indigenous local people's traditional knowledge for the productive uses of locally sourced resources is referred to as "biopiracy" by large multinational corporations in order to generate financial gain. It is the act of using naturally existing resources or biological material for commercial purposes without paying the Indigenous peoples or communities where the material or pertinent information was first gathered, which is typically the case.

History of Biopiracy

Historically, biopiracy has been linked to colonialism, which involved the unauthorised exploitation of indigenous peoples and developing nations with abundant natural resources. The richness of information regarding plant-based treasures has been highly prized ever since European settlers arrived in pursuit of gold, silver, and expensive spices. With the aid of the Spanish Crown, Christopher Columbus developed the "Spice Road" after Marco Polo's travels through southwest India and China. Together with many others, these explorers had a notorious history of plundering native villages and depriving nations of their natural riches.

By lowering or getting rid of trade restrictions like tariffs and quotas, the General Agreement on Tariffs and Trade (GATT) of 1947 aimed to promote global trade. After the conclusion of the GATT, trade-related intellectual property rights (TRIPS) were agreed upon. According to this, Columbus established a precedent in 1492 by obtaining land titles from European kings and queens that served as a kind of colonists' patent. The World Trade Organization (WTO) agreement on TRIPS makes an effort to emphasise how crucial it is to keep commerce and intellectual property in balance.

Modern intellectual property regulations created by GATT and the WTO, which support colonial notions of "find and conquer" and "subdue, occupy, and own," serve to perpetuate the Eurocentric roots of property claim and piracy. Vandana Shiva, an environmental activist and supporter of food sovereignty, refers to the patenting of genetic material and bioresources as "the second coming of Columbus" since it reinforces colonial power dynamics.

Example of Biopiracy

Major examples are −

Biopiracy of African Super Sweet Berries

Pentadiplandra brazzein is a plant that may be found in the west of South Africa. It is a crucial source of the protein brazzein. There, it is used as a low-calorie sweetener by the populace. It is known to be significantly sweeter than sugar (approximately two thousand times). Current research has focused on isolating the brazzein gene, which has been sequenced and trademarked in the USA.

Patenting of Azadirachta Indica – Neem

Neem has proven to be beneficial in a number of ways since ancient times. Indians have disseminated their neem expertise to people all around the world. The U.S. Department of Agriculture and an American business named W.R. Grace were granted a European patent in 1994 that detailed a number of techniques for preventing fungal infections in plants using a neem-derived composition.

Biopiracy of the Enola Bean

It was given the name of Larry Proctor's wife, who was responsible for its 1999 invention. Mexican yellow beans are also known as enola beans. North Mexico is where this bean first became commercially successful. The patent owners then filed many lawsuits against Mexican yellow bean importers. Farmers thus faced a financial crisis. Farmers brought a legal claim, and the U.S. Patent and Trademark Office decided in their favour.

The Rosy Periwinkle

Madagascar is where the rose periwinkle was first discovered. It has since spread to a number of other tropical nations worldwide. This makes it possible for researchers to collect data from one country and grow samples in another.

Types of Biopiracy

According to Daniel F. Robinson, there are three types of biopiracy −

Patent Biopiracy

Inventions based on biological resources and/or traditional knowledge that are obtained without the required authorization or benefit-sharing from other nations, indigenous communities, or local communities are referred to as "patent-based biopiracy" when they are patented.

Non-Patent Biopiracy

Non-patent biopiracy is described as the creation of commercialised non-patented goods based on biological resources and/or traditional knowledge that were acquired without the required authorization from other nations, indigenous peoples, or locals, or benefit-sharing.

Misappropriation

Misappropriation is the illegal taking of biological resources and/or traditional knowledge from local or indigenous peoples, other nations, or both without giving enough back in exchange.

Biopiracy's Effects on Biodiversity and Other Social Elements

Understanding how biopiracy affects biodiversity and other societal facets is crucial. Biopiracy has recently had a substantial impact on biodiversity on a global scale, including −

• Disappearance of indigenous species

• The nation's natural resources and indigenous knowledge are being privatized.

• Decrease in biodiversity

The appropriate balance of the environment has been harmed by the removal of an endemic species from a particular ecosystem. In various ways, the breakdown of biological ties is detrimental to long-term environmental stability.

The unauthorised export of living things has led to the extinction of endangered species. For example, the illegal exports of ornamental fish pose a threat to the Bulath Happaya (Puntius nigrofasciatus), an indigenous freshwater fish species in Sri Lanka.

Indigenous peoples' cultural identities and traditional knowledge are impacted by biopiracy as well. Traditional agricultural productivity in Asian nations has dropped by 70% as a result of the loss of local knowledge. Indigenous species have vanished as a result of the emergence of genetically engineered creatures.

The biodiversity of a nation is impacted by biopiracy, as are its social and economic systems. It is a tremendously successful company. Because biopiracy is so profitable, the majority of multinational businesses with headquarters in wealthy nations opt to use the bioresources of underdeveloped nations and secure patents for them.

Conclusion

In many ways, the dominance of biopiracy in the modern era may be understood as a development of the political and economic philosophy of neoliberalism (a modern politico-economic theory that favours free trade, privatization, minimal government intervention in business, reduced public expenditure on social services, and enhancing the role of the private sector in modern society).

The idea, which is incredibly problematic in and of itself, is closely linked to the idea of biological inventions having intellectual property rights. Because there are so many international agreements involved, patenting biotechnology inventions is substantially more complicated. The concept of biopiracy is influenced by a number of ideas, including the idea of proprietary intellectual property rights, community rights, national sovereignty, and humanity's common history.

Frequently Asked Question

Q1. Who Coined the term Biopiracy?

Ans. A Canadian environmentalist Pat Roy Mooney first used the term "biopiracy" in the early 1990s (Mooney, 2000; Robinson et al., 2014). Since then, other environmental and social rights movements have adopted and developed the concept.

Q2. Which country is highly affected by biopiracy?

Ans. India is home to the most diverse ecosystems on Earth. It is highly susceptible to biopiracy. Traditional knowledge has been indiscriminately exploited without a fair benefit distribution.

Q3. Why is biopiracy important?

Ans. The sustainability of rural and indigenous peoples depends critically on the conservation of habitat, ecosystems, and biodiversity. Biopiracy is the theft of genetic materials, particularly flora and other biological elements, through the patenting process.

Q4. What is Haldi (turmeric) biopiracy?

Ans. Theft of diverse natural goods and subsequent sale of such products after obtaining patents without providing any advantages or royalty to the host nation is referred to as biopiracy. Indians have been using turmeric powder for centuries as a medicine and antiseptic for wound healing and insect control.