Biopiracy

Exploitation of natural resources is increasing worldwide. Bio-piracy is one of the major environmental problems that have arisen today. Bio-piracy refers to the practice of commercially exploiting natural chemicals or genes, especially by acquiring patents that limit their future use, while failing to pay appropriate compensation to the community from which they come. departing. Today, many of the world's tropical areas have suffered from Bio-piracy. 90% of the world's remaining biodiversity is concentrated in tropical and subtropical countries.

Indigenous peoples in tropical countries did not use their traditional knowledge for commercial purposes. Therefore, they were able to care for their traditional knowledge without any damage over the past centuries. But today, as biological and related sources, knowledge becomes the source of the most valuable assets in the financial market. Although there are many legal frameworks internationally and domestically to protect the environment, due to the inadequacies of these existing legal entities, environmental crime has become one of the world's most serious environmental problems.

Biopiracy

Bio Piracy means the acquisition of special privileges of individual sovereignty over the biodiversity of one country by individuals,foreign institutions or companies ultimately leading to the deprivation of rights by the country of origin. A few the objectives of natural crime are as follows;

• Introduction of new plant species

• Introduction of new organisms

• Pharmaceutical production

• Private confidentiality of traditional knowledge

In addition, natural crime can be defined as the theft of information from traditional and traditional communities or individuals. The term can also be used to suggest a breach of contract in access to and use of traditional knowledge in provider corruption and bioprospecting without the consent of local communities. Such 'natural crimes' have arisen as a term to describe the ways in which companies from developed countries claim ownership, free ride, or misuse, genetic resources, and traditional knowledge and technology in developing countries.

What is Biopiracy?

The term “Biopiracy” is used to describe the allocation of traditional knowledge of native local communities for the beneficial uses of locally originated resources, for the purpose of generating commercial profits by the big multinational companies. It is the practice of exploiting naturally occurring resources or biochemical material in commerce, usually without compensating the Indigenous peoples or community from which the material or relevant knowledge is obtained. 

Biopiracy has come up as a term to describe how corporations in the developed world claim ownership or otherwise take unfair advantage or something for nothing free ride on the indigenous resources and traditional knowledge and technology of developing countries. Most of the local people have traditional knowledge that mainly includes genetic diversity and natural environment biological features from generation to generation. The following integrants comprise some of the traditional knowledge relevant to global survival and this knowledge is time-tested since they have been in practice for centuries.

1. Medicinal Vegetables.

2. Agriculture, or Farming.

3. Alimentary crop varieties.

Example: Use of indigenous knowledge of medicinal plants, herbs for the patenting of pharmaceutical companies without understanding that information is neither new nor developed by the patentee, thereby depriving the indigenous people or community for their knowledge, a community of the right to commercial exploitation of the discovery and technology that they themselves have developed over time.

The Significance of Traditional Knowledge

Traditional knowledge/Indigenous knowledge is an important part of the identity of many local communities. It is an integral part of the social and physical climate of the community, therefore, its protection is of paramount importance. Attempts to defraud traditional knowledge for industrial or commercial gain may contribute to the misuse of traditional knowledge and may infringe on the rights of its legal guardiAns: In response to these threats, the mechanisms, and mechanisms for protecting and planting traditional knowledge for sustainable growth need to be built in line with the interests of traditional knowledge owners. The preservation, protection, and promotion of traditional knowledge-based renaming and methods of local communities are of paramount importance in developing countries. Their traditional knowledge and biodiversity play an important role in health care, food security, community, religion, identity, climate, trade, and development. However, in many parts of the world, this precious commodity is at stake.

Traditional knowledge is a fundamental part of the identity of most indigenous communities. It is an integral element of the social and physical climate of a society and, as such, its protection is of utmost importance. Erroneous attempts to manipulate for industrial or commercial gain can contribute to the misappropriation of and can harm the rights of its actual custodians.

The protection, preservation, and promotion of Traditional knowledge-based innovations, technology, and practices of indigenous communities are of specific importance to developing countries. Their prosperous knowledge of Traditional knowledge and their conservation plays a vital role in terms of health care, food, food protection, community, religion,  climate, trade, and development, and many more. 

Examples of Biopiracy

Enola Bean Biopiracy: 

Named after Larry Proctor's wife, who authorized it in 1999. Enola beans are a unique variety of Mexican yellow beAns: Sales of this bean were sold in North Mexico. Next, the patent holder sued several Mexican yellow bean importers. Thus, farmers face economic hardship. The lawsuit was filed against the farmers and the result was in favor of the farmers as ruled by the U.S. Patent and Trademark Office.

Biopiracy of African Super-Sweet Berries: 

A sweet berry known as Pentadiplandrabrazzein is an indigenous plant found in South Africa's western part. This is an essential protein source known as Brazzein. As it is considered to be 2000 times sweeter than sugar.

A plant, Pentadiplandra brazzein, found in western South Africa. It is an important source of protein called Brazzein. Local people use it as a low-calorie sugar. It is thought to be more sweet than sugar. Recent developments include the division of gene encoding brazzein organized and patented in the USA.

Basmati Patent (Oryza Sativa Linn):

The Basmati is a long, slender-grained, aromatic variety of rice indigenous to the Indian subcontinent. In the year 1997 the United States Patent and Trademark Office (USPTO) granted a patent (No. 5663484) to a Texas-based American business enterprise RiceTec Inc for “Basmati rice line and grains”. 

The Ayahuasca Case (Banisteriopsis Caapi Mort.):

For many centuries, Banisteriopsis Caapi Mort has been cultivated and planted by the Shamans, a local group in the Amazon basin. To make an authentic indigenous cocktail known as “Ayahuasca.” Ayahuasca which means “wine of the soul” is used by the Shamans in mystical and curing rites to cure sickness, attract ghosts, and foresee the future. An American citizen, Loren Miller was granted US Plant Patent, granting him rights over the alleged variety by Banisteriopsis Caapi Mort which he had collected from the Amazon and called “The Da Vine” and analyzed for potential medicinal benefit. 

The Rosy Periwinkle:

In Madagascar, the rosy periwinkle was originally discovered. Now several other tropical countries around the globe have been introduced to it and planted it. This implements researchers from other countries being able to obtain knowledge in other nations from one nation and plant samples and discover new hybrids.

Effects of Bio-Piracy

Possibility of Monetary Losses to Native Communities:

Many Multinational companies (MNCs) of developed countries are making huge profits with a small investment into the research and development and end up with huge profit margin of the products as they exploit the readily available traditional knowledge about the beneficial uses of plants, herbs and In most cases, the indigenous groups assist MNCs in identifying medicinal and other beneficial uses of plants and herbs thus helping to save their time and financial investment but get no part of the large profits generated by these companies stemming from their monopoly through patents and loopholes.

Failure to Cause Biodiversity Depletion:

Examples: Asia was producing more than 100,000 varieties in the 20th century And as of Now:  less than a dozen are planted by rice producers in 70% quantity of Rice India land: 30,000 Now: 10 varieties

Effects of Bio-Piracy on Biodiversity 

Nowadays bio-piracy has caused a great deal of impact on biodiversity around the world. As a result of bio-piracy, there are many private effects on biodiversity. Such as the extinction of existing species, the extinction of biodiversity, and the privatization of biodiversity and indigenous knowledge. Deforestation of the wildlife has a negative impact on maintaining the proper balance of the environment. In some ways, declining biodiversity has a negative impact on ecological stability. Unauthorized export of live animals has led to the extinction of existing species. Bulath Happaya is one of the most endangered freshwater fish species in Sri Lanka due to the illegal export of ornamental fish industry. In addition, natural crime affects the cultural identity and traditional knowledge of indigenous peoples. Production of traditional plants in Asian countries has dropped by 70 percent due to the destruction of traditional knowledge. The evolution of genetically modified organisms directly caused the decline of native species.

Conclusion

Biopiracy's current supremacy in the modern world may be seen as an outgrowth of neoliberalism's political and economic ideology in many ways (a modern politico-economic theory which 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 concept is inextricably tied to the concept of biological invention intellectual property rights, which is very contentious in and of itself. It's much more perplexing when it comes to patenting biotechnology inventions because there are so many international agreements involved. There are various notions related to biopiracy, including the principle of proprietarian intellectual property rights, community rights, national sovereignty, and humanity's shared heritage, all of which have added to the concept's complexity. Because biopiracy is a fresh type of crime that only developed two decades ago, there has been no legislation to penalise it. Another factor is that developed countries have dominated the major international agreements and are dictating the rules as a result.

Conclusion of Biopiracy in Terms of Indian Traditional Knowledge

In order to be safeguarded from being plagiarised by global giants that are stealing age-old Indian traditional knowledge, India's patent legislation need a broader viewpoint. Construction of a Traditional Knowledge Digital Library could be an effective method to counteract the hijacking of our cultural bio-distinctiveness. diversity's Developing countries, on the other hand, have become increasingly vociferous in the international arena in recent years. They have begun to collaborate with one another, posing a barrier to industrialised countries. This would aid developing countries in political negotiations with developed countries and could aid in the resolution of the biopiracy problem.