Biotechnology- Bio piracy (Bio colonialism)

Biopiracy may be defined as, " The theft of various natural products  (of plants and animals) and then selling them by getting patents or intellectual property rights, without giving any benefits (financial or technological) back to the host country or country of origin."e.g., Biopiracy of Neem, Haldi Basmati rice, etc.

Biopiracy of Neem: Patenting of seed oil from indian Neem (Azadirachta indica fam. Meliaceae) by US Department of agriclulture (USDA) and W.R Grace (Columbia) in 1992, was a case of biopiracy (patent No. 436357 BY). For generations, Indians had used Neem oil as a medicine and pest controlling agent. So the US patent on Neem had created a great controversy. In May, 2000 after a long legal battle, the European patent office (EPO) revoked the patent of USDA and W.R Grace.

Biopiracy of Haldi
In march 1995 University of Missisippi Medical Centre (USA) had taken patent on turmeric powder (curcuma domestica fam. Zingiberacease), as a wound healing agent. But on August 13, 1997, this patent was revoked due to objections of CISR because for a long time, turmeric powder is used as a wound healing agent in india and it was not a discovery of US patent.
Similiar is the case of biopiracy of Basmati rice.

Misuse of intellectual Property Rights (IPR) can lead to biopiracy, e.g,. University of georgia Scientists explore the Oxaca state of Mexico for indigenous plants of medicinal/pharmaceutical potential and patent any plant with promise. The corporations gain, but people who have used it for ages lose it. This is a major threat to the treasure of traditional knowledge in india. South asia.

The problems of ownership and concerns over right of countries were discussed in a documents known as Convention on biological diversity (CBD) in first Earth summit, Rio de janeiro (1992, brazil). CBD provides for sovereign rights for individuals countries on their genetic resources. USA and EU strongly opposed the view held by developing countries that the sovereign rights of the countries of origin of PGRs (Plant Genetic Resources) held in ex situ collections be recognized. These developed countries have been successful in achieving approval for a call to strengthen co-operation to sustain ex situ collections and recognizing that states have sovereign rights over their own PGRs (PGRs stored on their territory irrespective of the territory of origin ) Thus, recognition  of sovereign rights of the countries of origin of PGRs available in gene banks in the developed countries has been rejected by USA ans EU. Therefore the companies present in Northern countries are dealing directly with agencies where PGRs are located rather than dealing with countries  of origin of those PGRs A pharmaceutical industry can purchase tropical PGRs from botanical gardens located in temperate countries. According to international  Association of botanical, 50% of world's vascular plants are available in botanical gardens and 75% of these gardens are present in developed countries on the North. The pharmaceutical industry is exploring the possibility of getting rights for chemical analysis of collections at these gardens for development of new drugs. e.g., Pfizer pharmaceutical Co. (USA) has collaboration with New York botanical gardens and through it has connections with botanical gardens in Hawaii. This is also a case of bio piracy through gene banks and botanical gardens.