Biopiracy
The Golden Flower and the Blue Diamond: From Patent Law to Biodiversity Regimes and Guidelines
By Leïla Mamoni
In 2010, at the World Intellectual Property Organization (WIPO), an Intergovernmental Committee started its negotiations that notably aim at protecting traditional knowledge from fraudulent patents. On that same year, French company Chanel Parfums Beauté committed itself to combatting this monopolization that encroaches on the public domain. With a limited scope, this research paper examines this initiative and looks into two patent applications that the company withdrew. It also raises questions pertaining to the biodiversity regime or guidelines of the countries where the bioprospection was conducted, namely India and Madagascar. While the adoption of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge marks a significant step, both examples remind us of the difficulty of establishing a fraudulent intent, as provided for in the treaty. To address that difficult task, this paper suggests that countries with limited administrative capacities may consider the possibility of relying on South-South cooperation.
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WIPO’s new Treaty on genetic resources and associated traditional knowledge – a long-awaited and groundbreaking step towards combatting biopiracy
By Wend Wendland
WIPO’s new Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge responds to an over 25 years’ demand by developing countries to combat biopiracy. The Treaty is the first intellectual property treaty for which those countries were the proponents. While the Treaty’s adoption on May 24, 2024 was a momentous milestone in the evolution of the patent system, it is critical that the Treaty’s paradigm-shifting political and symbolic importance be matched by its practical effectiveness.
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Statement in Support of Discussions on Counterfeiting in the Biotechnology Sector and the Prevention of Biopiracy
WIPO Advisory Committee on Enforcement (ACE)
Today at the 17th Session of the World Intellectual Property Organization (WIPO) Advisory Committee on Enforcement (ACE), the South Centre delivered its statement, emphasizing the need to prevent biopiracy while addressing counterfeiting in the biotechnology sector. A balanced IP enforcement approach is key to protecting biodiversity & traditional knowledge.
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Understanding the Interconnected Threats to Global Sustainability: A Focus on Deforestation, Traditional Knowledge, and Biopiracy
By Marissa Costa De Castro
This paper examines the interconnected threats of climate change, deforestation, misappropriation of traditional knowledge (TK), and the detrimental phenomenon of biopiracy. It discusses the profound impacts of deforestation on climate change, with an illustrative case study centered on Brazil’s Matopiba region. Additionally, it investigates the intricate relationship between TK, land grabbing, and biopiracy within indigenous and local communities.
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