1 Biopiracy by Jan Priegnitz ©®™

2 Structure history about patents in general history about patents in general the value of biodiversity the value of biodiversity examples of biopiracy examples of biopiracy international agreements international agreements persons and NGOs involved in the counter-movement persons and NGOs involved in the counter-movement

3 History 1474 – the senate of Venice enacts a law for the protection of inventors – US- patent office grants the first patent on a mammal (cancer mouse) 1873 – Louis Pasteur receives the first patent on a living organism in the USA (purified yeast) 1623/24 – first law for the protection of intellectual property rights in England 1973 – signing of the European Patent Agreement Until 2001 the EPO granted 267 patents on plants, 69 on animals and 962 on human genes – introduction of resowing-fees in Germany

4 Requirements and power of patents criteria of patentability novelty inventiveness and usefulness deadline for raising an objection lasts 9 months valid for 20 years second registration of the same kind is impossible in another country costs for a patent are about €, the EPO gets 5000 €, plus annual fees, the profit in 1999 was 125 mio. €

5 Cupuaçu Basmati Hoodia

6 Origin of the word “biopiracy” for the first time introduced by the RAFI in 1993 for the first time introduced by the RAFI in 1993 Definition of the ETC Group: "the appropriation of the knowledge and genetic resources of farming and indigenous communities by individuals or institutions seeking exclusive monopoly control (usually patents or plant breeders' rights) over these resources and knowledge.” Definition of the ETC Group: "the appropriation of the knowledge and genetic resources of farming and indigenous communities by individuals or institutions seeking exclusive monopoly control (usually patents or plant breeders' rights) over these resources and knowledge.”

7 Cupuaçu similar to cocoa similar to cocoa traditionally used for juice, ice-cream, marmelade and gateaus traditionally used for juice, ice-cream, marmelade and gateaus the japanese corporation Asahi registered the name and applied for a patent for its use the japanese corporation Asahi registered the name and applied for a patent for its use protest: chocolate made of Cupuaçu is sold by third- world-stores protest: chocolate made of Cupuaçu is sold by third- world-stores not successful yet not successful yet

8 Hoodia-Cactus growing in the Kalahari desert used as an appetite suppressant by the San tribe was patented in order to sell diet pills Benefit Sharing: Pfizer and Phytopharm will pay 6 % of all royalties (only 0.003% of netto sales)

9 Basmati 27 varieties grown in India patent by RiceTec. Inc. in Alvin, Texas, USA with support by the IRRI (International Rice Research Institute) India won the trial India won the trial

10 ITPGRFA (International Treaty on Plant Genetic Resources for Food and Agriculture) ITPGRFA (International Treaty on Plant Genetic Resources for Food and Agriculture) CBD (Convention on Biological Diversity) CBD (Convention on Biological Diversity) WIPO (World Intellectual Property Organization) WIPO (World Intellectual Property Organization) UPOV (International Union for the Protection of New Varieties of Plants) UPOV (International Union for the Protection of New Varieties of Plants) TRIPS (Trade Related Aspects of Intellectual Property rights) TRIPS (Trade Related Aspects of Intellectual Property rights) DIRECTIVE 98/44/EC on the legal protection of biotechnological inventions DIRECTIVE 98/44/EC on the legal protection of biotechnological inventions International agreements be-tt-e-r w-o-r-s-e

11 Vandana Shiva “Biopiracy deprives us in three ways: “Biopiracy deprives us in three ways: 1. It creates a false claim to novelty and invention, even though the knowledge has evolved since ancient times as part of the collective and intellectual heritage of India. 1. It creates a false claim to novelty and invention, even though the knowledge has evolved since ancient times as part of the collective and intellectual heritage of India. 2. It divests scarce biological resources to monopoly control of corporations thus depriving local communities the benefits of its use. 2. It divests scarce biological resources to monopoly control of corporations thus depriving local communities the benefits of its use. 3. It creates market monopolies and excludes the original innovators (farmers) from their rightful share to local, national and global markets.” 3. It creates market monopolies and excludes the original innovators (farmers) from their rightful share to local, national and global markets.”

12 Richard Stallman „It is indeed wrong for biotech companies to convert the world's natural genetic resources into private monopolies - but the wrong is not a matter of taking someone else's rightful property, it is a matter of privatizing what ought to be public. These companies are not biopirates. They are bioprivateers.“

13 “sliced fried sausage sprinkled with curry powder and served with ketchup – really delicious”

14 Opinion poll by emnid in Germany

15 Intellectual property rights of my sources owned by

16 Questions for discussion What should be able to be patented? (technology, procedures, ideas, information, traditional knowledge, art, life...) What should be able to be patented? (technology, procedures, ideas, information, traditional knowledge, art, life...) How strong should be patent protection? How strong should be patent protection? Are patents enforcing or preventing research? Are patents enforcing or preventing research? How do patents on plants affect the work of plant- breeders? How do patents on plants affect the work of plant- breeders? How can "fair trade"/benefit-sharing be managed? How can "fair trade"/benefit-sharing be managed?