Issue no.

BIOPIRACY

Table of Contents
Title
1. Biopiracy 2. Biopiracy in Pacific Island 3. Cusco Government Slams the Door on Biopirates 4. Bioprospecting 5. New Rules For Bioprospecting 6. The neem Tree A case History Of Biopiracy 8. Trivias 9. Editors Column 10. Staffs 10 11 12 5 6 7-9

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BIOPIRACY: INTELLECT OF NATURE

Biopiracy is a situation where indigenous knowledge of nature, originating with indigenous people, is used by others for profit, without permission from and with little or no compensation or recognition to the indigenous people themselves. For example when bioprospectors draw on indigenous knowledge of medicinal plants which is later patented by medical companies without recognizing the fact that the knowledge is not new, or invented by the patenter, and depriving the indigenous community to the rights to commercial exploitation of the technology that they themselves had developed. Critics of this practice such as Greenpeace, claim these practices contribute to inequality between developing countries rich in biodiversity, and developed countries hosting companies that engage in 'biopiracy'.

Cinchona seeds were pirated from Bolivia and planted in India. Illustration of Cinchona Calisaya Wedd from Khlers _MedizinalPflanzen in naturgetreuen Abbildungen mit kurz erluterndem Texte_, 1887.

In this intelligently argued and principled book, internationally renowned Third World environmentalist Vandana Shiva exposes the latest frontier of the North's ongoing assault against the South's biological and other resources. Since the land, the forests, the oceans, and the atmosphere have already been colonized, eroded, and polluted, she argues, Northern capital is now carving out new colonies to exploit for gain: the interior spaces of the bodies of women, plants and animals

Biopiracy is a Biological diversity or biodiversity encompasses all

species of plants, animals and micro-organisms and the variations between them, and the eco-systems of which they form a part. TK associated with such biological resources is an intangible component of the resource itself. Such knowledge has the potential of being translated into commercial benefits by providing leads for development of useful products and processes. The commercial potential involved in biological resources and the associated TK has assumed enormous magnitude in the last couple of decades with the tremendous proliferation of the biotechnology industry. Given that most of the world's biodiversityrich countries are developing countries located in the tropics, these nations should have been in a strong position to benefit substantially by trading in such bioresources and the associated TK. Unfortunately, this is far from the case. More often than not it is the giant MNCs of the developed world who are instrumental in appropriation of the precious bio-resources and the allied TK of the South, without the prior informed consent (PIC) of the legitimate holders of such resources, thereby bypassing any benefit-sharing arrangement with them. The mounting profits emanating from the commercial exploitation of these prized resources of the South accrue solely to the corporate giants of the developed world, courtesy the exclusive patent protection obtained by suppressing the true source of the relevant bio-resource and/or TK. The country of origin of the concerned bio-resources and/or TK however remains deprived of its legitimate share of the profits generated out of them. Such unscrupulous business practices of the MNCs have come to be known as Biopiracy. Thus, in a nutshell 'Biopiracy' refers to the ways that corporations - almost all from the developed world - claim ownership of, free ride on, or otherwise take unfair advantage of, the genetic resources and TK and technologies of developing countries. Biopirates are those responsible for one or both of the following acts: (i) the theft, misappropriation of, or unfair free-riding on, genetic resources and/or TK through the patent system; and (ii) the unauthorised and uncompensated collection for commercial ends of genetic resources and/or TK

Biopiracy in the Pacific Islands

The Pacific region has long been a favourite target of gene hunters, unethical bio-researchers and 'patent bottom trawlers' looking to profit from its unique flora, fauna - and human beings. In the last few years, a number of disconcerting events have occurred in the Pacific Islands. Among them, T-Cells from the Hagahai Tribe in Papua New Guinea were illegally obtained against the will and traditions of the Hagahai which can now be purchased on the internet for 216 Dollars. Aswell, in 2002 Cook Islanders were almost subjects of an experiment to transplant pig parts into humans. The author of the article pointed out that "Had it proceeded, the U.S. would have labelled the Cook Islands a 'rogue state' over fears about the potential spread of virulent pig retroviruses in humans." From the Article: "There's been a lot of bad behaviour here. Many researchers from the outside have a colonial attitude," Mead told IPS from Wellington. An absence of regulation and widespread naivete regarding the latest genetic technologies and intellectual patent law has made the region a major target for commercial 'gene hunters' or bioprospectors, she says, likening gene pirates to deep-sea trawlers that scoop up everything in their path - and then claim intellectual property rights to anything they think might have commercial value in the future. "Genes are a key resource of the new world bio-economy and our isolation and diversity makes the Pacific Islands particularly attractive," writes contributor Te Tika Mataiapo - Dorice Reid, a traditional chief from the Cook Islands. Read the full Article Also discussed is a recent book titled "Pacific Genes and Life Patents" published by Earth Llamado de la Tierra (COE) in conjunction with the United Nations University.

Cusco Government Slams the Door on Biopirates

Indigenous people in Peru are celebrating a major victory in their long-time struggle to protect the land from outsiders hoping to exploit it. On January 14, the Regional Government of Cusco enacted a law that bans

the practice of biopiracy, or "the appropriation and monopolization of traditional population's knowledge and biological resources." "Worldwide, national governments and international bodies such as the World Trade Organization and the World Intellectual Property Organization have failed to protect indigenous people's traditional knowledge and associated genetic resources from biopirates," says Alejandro Argumedo, the Director of Asociacion ANDES, an Indigenous group based in Cusco. "The new law enacted by the regional government of Cusco is a good example of how local governments can create the appropriate legal and institutional framework, as well as the mechanisms to implement it, to ensure that biopiracy does not prey on the creativity of indigenous peoples and local communities," he adds. Of particular note, "[the law includes] provisions for prior informed consent from indigenous and local communities, benefit-sharing with communities, and limitations upon the creation of patent rights over genetic resources," says Johanna Gibson, the Director of Queen Mary Intellectual Property Research Institute (QMIPRI). "[It is also] based on the understanding that such communities have sustained and protected the species for centuries through their traditions and practices, and acknowledge this guardianship in the duties to those communities, as

recognised in the law, as well as providing for communities to rely on customary laws to develop and implement registers for genetic resources and protocols and procedures for the access to those resources," says Gibson. This is indeed a major victory, since the law (O.R. N048-2008-CR/GRC) creates an "equal playing field" in a country, or at least a region of it, that "has long been a hot spot for biopirates seeking easy prey," says Dr Michel Pimbert, from the International Institute for Environment and Development.

"It strengthens community institutions and their capacity to manage access to their cultural and biological assets and to inform local authorities of any transgressions so that they can play a critical role in controlling biopiracy."

Bioprospecting

is an umbrella term describing the process of discovery and commercialization of new products based in biological resources, typically in less-developed countries. Bioprospecting often draws on indigenous knowledge about uses and characteristics of plants and animals. In this way, bioprospecting includes biopiracy, the exploitative appropriation of indigenous forms of knowledge by commercial actors, as well as the search for previously unknown compounds in organisms that have never been used in traditional medicine.

Hoodia, a succulent plant, originates from the Kalahari Desert of South Africa. For generations it has been known to the traditionally living San people as an appetite suppressant. In 1996 South Africas Council for Scientific and Industrial Research began working with medical companies to develop dietary supplements based on hoodia. Originally the San people were not planned to receive any benefits from the

commercialization of their traditional knowledge, but in 2003 the South African San Council made an agreement with CSIR in which they would receive from 6 to 8% of the revenue from the sale of Hoodia products.

New rules for bioprospecting

The new rules for biodiversity prospecting and natural products research derive from three sources: international treaties, national laws, and professional self-regulation. International treaties The 1993 Convention on Biological Diversity (CBD) establishes sovereign national rights over biological resources and commits member countries to conserve them, develop them for sustainability, and share the benefits resulting from the use.3 Sustainable use of biological resources means finding new drugs, crops, and industrial products, while conserving the resources for future studies. The basic bargain underlying passage of the CBD was that sovereign rights would be tempered by providing access to genetic resources, in exchange for a share of the benefits, including access to biotechnology. To satisfy the three goals of the CBD (conservation, development, and benefit sharing), the principle of sovereign rights is best applied through what have become known as Access and Benefit Sharing Agreements (ABAs). Under the CBD, prior informed consent is the standard for ensuring a fair and equitable ABA. The source country providing access to genetic resources must know in advance what will be done with the resource, and what benefits will shared. Without such an understanding between the collector and the supplier, there could be no true meeting of the minds, and no fair agreement on benefit sharing. Benefits may include support for research and conservation, contributions of equipment and materials, assistance to indigenous and local communities, up front fees, milestone payments, and royalties. National laws Through national biodiversity-related laws and regulations, countries have begun to exercise their sovereign rights over biological resources as established in the CBD. In effect, many of these laws create a new category of poaching, in which biological materials are collected or exported without obtaining permission (informed consent) and satisfying certain conditions such as benefit sharing. Professional self-regulation Meanwhile, many institutions and professional organizations have decided to implement natural products research policies for their members, and these policies have quasi-legal or contractual status. Examples include botanical gardens (Kew, Missouri), biotechnology companies (Shaman, Monsanto), and professional groups (the Declaration of Belem of the International Society of Ethnobiology).

The Neem Tree - A Case History of Biopiracy

By Vandana Shiva

A classic case of biopiracy by transnational corporations is that of the neem tree in India. Vandana Shiva provides the background to this attempt to appropriate an invaluable biological resource of the South. DURING 1994, Indian farmers staged one mass demonstration after another against the proposed GATT Uruguay Round agreement. In March about 200,000 gathered in Delhi demanding, among other things, that the draft treaty - known colloquailly as 'the Dunkel draft' after chief negotiator, Arthur Dunkel - should be translated into all Indian languages. On 2 October, about half a million converged upon Bangalore to voice their fears about the impending legislation, aware of the threat that GATT poses to their livelihoods, by allowing multinational organisations to enter Third World markets at their expense. In particular, many of them began to question the Dunkel Draft's call for an international harmonisation of property rights legislation. In their demonstrations, protesters carried twigs or branches of neem, a tree found throughout the drier areas of India. Several extracts of neem have recently been patented by US companies, and many farmers are incensed at what they regard as intellectual piracy. The village neem tree has become a symbol of Indian indigenous knowledge, and of resistance against companies, which would expropriate this knowledge for their own profit. A tree for all seasons Of all the plants that have proved useful to humanity, a few are distinguished by astonishing versatility. The coconut palm is one, bamboo another. In the more arid areas of India, this distinction is held by a hardy, fast-growing evergreen of up to 20 metres in height - Azadirachta indica, commonly known as the neem tree. The neem's many virtues are to a large degree attributable to its chemical constituents. From its roots to its spreading crown, the tree contains a number of potent compounds, notably a chemical found in its seeds named azadirachtin. It is this astringency that makes it useful in so many fields: Medicine Neem is mentioned in many ancient texts and traditional Indian medical authorities place it at the pinnacle of their pharmacopeia. The bark, leaves, flowers, seeds and fruit pulp are used to treat a wide range of diseases and complaints ranging from leprosy and diabetes to ulcers, skin disorders and constipation.

Toiletries Neem twigs are used by millions of Indians as an antiseptic tooth brush. Its oil is used in the preparation of toothpaste and soap. Contraception Neem oil is known to be a potent spermicide and is considered to be 100% effective when applied intra-vaginally before intercourse. Intriguingly, it is also taken internally by ascetics who wish to abate their sexual desire. Timber Besides being hard and fast growing, its chemical resistance to termites makes neem a useful construction material. Fuel Neem oil is used as lamp oil, while the fruit pulp is useful in the manufacture of methane.

Agriculture The Upavanavinod, an ancient Sanskrit treatise dealing with forestry and agriculture, cites neem as a cure for ailing soils, plants and livestock. Neem cake, the residue from the seeds after oil extraction, is fed to livestock and poultry, while its leaves increase soil fertility. Most importantly, neem is a potent insecticide, effective against about 200 insects, including locusts, brown plant-hoppers, nematodes, mosquito larvae, Colorado beetles and boll weevils. These properties, and others, known to Indians for millennia, have led to the tree's being called in Sanskrit Sarva Roga Nivarini, the curer of all ailments', or in the Muslim tradition, Shajar-e-Mubarak, the blessed tree'. Access to its various products has been free or cheap: there are some 14 million neem trees in India and the age-old village techniques for extracting the seed oil and pesticidal emulsions do not require expensive equipment. A large number of different medicinal compounds based upon neem are commonly available. In the last 70 years, there has been considerable research upon the properties of neem carried in institutes ranging from the Indian Agricultural Research Institute and the Malaria Research Centre to the Tata Energy Research Institute and the Khadi and Village Industries Commission (KVIC). Much of this research was fostered by Gandhian movements, such as the Boycott of Foreign Goods movement, which encouraged the development and manufacture of local Indian products. A number of neem-based commercial products, including pesticides, medicines and cosmetics, have come on the market in recent years, some of them produced in the small-scale sector under the banner of the KVIC, others by medium-sized laboratories. However, there has been no attempt to acquire proprietary ownership of formulae, since, under Indian law, agricultural and medicinal products are not patentable.

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The Neem Tree

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Trivias :
The neem tree has lately been called the world's most researched tree. Neem has been used traditionally for many centuries. In India it is known as "the village pharmacy". But neem is still relatively unknown in the western world.

Azadirachta indica - That's the botanical name for neem. Indica gives
away the tree's origin, India

The whole name of Neem Tree, though of course latinized, comes from the Persian language Farsi (Azad means free, Dirakht means tree, i-Hind means of Indian origin) and the the botanical name translates into:

"The

Free Tree Of India"

Margosa is the othe name of Neem Tree.

All parts of the neem plant have been used for many centuries in India. From India the tree and the knowledge about its many uses and benefits has spread. Today neem grows in many countries across the world, and wide range of neem products is available commercially.

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Editors Column
The Neem Tree is a big help to all the people in India. It can help to solve there some health problems and it is a good herbal alternative. Every part of the plant has a use to cure a health problem. Many people in India depends on this plant because of the things that can help to them. India should share the gift of Neem tree to other countries so that it can help to decrease the rate of poverty in other countries especially in Asia. ~ Mikhaella S. Ordines Neem Tree is known for such a long time. Since Ancient time, it is already used by people. It is proven because there are many ancient texts and traditional Indian medical autorities proved it. Almost all of the part of the tree has a wide range of diseases thst can be cured. ~ Reo Bonn Ripalda The wigs of Neem Tree are used by Indians as there antiseptic toothbrush. They use the oil of the tree as a toothpaste or soap. It can less the expenses for millions of Indian who suffer in poverty. ~ Terry Sunga This Neem Tree also use for construction. It can use as a constraction material for making wooden crafts or building a house. It is use because of its characteristics of being hard and fast growing tree. ~ Pocholo Rivera They say that, Neems oil is 100% effective when applied in intra-vaginally before intercourse and to be a potent spermicide. It was taken by the people who wish to abate sexual desire. That is one of the use of Neem tree. ~ Vincent Louis Pacheco

Neem Tree is a good and very useful tree just like Narra, Bamboo tree and etc because almost all parts of the tree has a use. It is not like the other tree that when you cut it off, it is very slow to grow and only few parts of the tree is useful. ~ Ervin Ignacio

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STAFFS:
Researchers:

Reo Bonn Ripalda Vincent Louis Pacheco

Pocholo Rivera

Terry Sunga

Ervin Ignacio

Researcher, Editor in Chief and Design Layout:

Mikhaella Ordines

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