Biopiracy

Biopiracy is the appropriation or patenting of biological resources and associated traditional knowledge without fair consent or benefit sharing.

Access and Benefit-Sharing: Rules and agreements governing access to genetic resources and the fair sharing of benefits from their use. Biopiracy disputes often arise when access occurs without agreed terms for sharing benefits.
Convention on Biological Diversity: A 1992 international treaty addressing biodiversity conservation, sustainable use, and fair sharing of genetic-resource benefits. Its benefit-sharing framework became a central response to concerns about biopiracy.
Neem Patent Controversy: A dispute over patents on neem-based inventions and their relationship to longstanding uses of neem in South Asia. The case became a prominent example of challenging claims built on previously documented traditional uses.
Bioprospecting: The systematic search for biological resources with potential commercial or scientific value. Bioprospecting can occur under agreed access and benefit-sharing terms, unlike biopiracy.
Nagoya Protocol: An international agreement implementing the Convention on Biological Diversity’s rules on access to genetic resources and benefit sharing. It establishes procedures meant to prevent unauthorized access and unfair benefit allocation.
International Treaty on Plant Genetic Resources for Food and Agriculture: A treaty establishing a multilateral system for access to specified plant genetic resources and sharing benefits from their use. It offers a collective alternative to negotiating access plant by plant.
Turmeric Patent Controversy: A challenge to a United States patent on turmeric’s use in wound healing, overturned after evidence of prior knowledge was submitted. It showed how documented traditional knowledge could invalidate an allegedly novel patent claim.
Bioprospecting Contracts: Agreements setting conditions for research access to biological resources and the distribution of resulting benefits. Clear contracts can establish consent and benefits before commercial research begins.
Prior Informed Consent: A process requiring informed agreement before an activity proceeds, especially when it affects rights or resources. Consent before access is a central safeguard against taking resources or knowledge without permission.
WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore: A World Intellectual Property Organization body negotiating protections concerning genetic resources, traditional knowledge, and traditional cultural expressions. Its work addresses gaps between patent systems and community-held knowledge.

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