What is Biopiracy and Traditional Knowledge? Simple Explanation with Real Cases

Biopiracy: When Corporations Steal Culture and Call It Innovation

India is known for its cultural diversity and the various customs that are practiced in the country. Due to this diversity, India has a huge wealth of Traditional Knowledge (TK) that has been accumulated over the years.

Traditional Knowledge (TK) is very important to the communities that own and practice it. This knowledge is passed on from one generation to another and helps in the earning of a livelihood and the maintenance of economic stability in life. Therefore, it is necessary to protect this knowledge in such a manner that it is not lost or destroyed over time.

The misuse of traditional knowledge is a common phenomenon, and this is mainly because the traditional knowledge is not documented in an appropriate manner. Due to this, multinational corporations are easily able to access this traditional knowledge and use it for their own economic gain.

One of the major issues facing the protection of traditional knowledge today is the lack of proper databases or records. This has led to an increase in cases of biopiracy, which is a crime of unauthorized use of traditional knowledge. The traditional communities find it hard to protect their traditional knowledge.

The Traditional knowledge of various products in India should be protected from misuse by different countries and India needs to further update in the field of patenting Indian traditional knowledge in order to be safeguarded against this reality.

TRADITIONAL KNOWLEDGE DEFINED

“Traditional knowledge refers to knowledge acquired over time by people in an indigenous society, in one or more cultures, based on experience and adjustment to a local culture and climate, and continuously predisposed by each generation’s developments and practises”.

TK is quite enormous and includes information related to different groups, such as:

  • Knowledge of plants and animals and their properties
  • Minerals and soils and their properties
  • Organic and inorganic combinations
  • Medicinal knowledge
  • Folklore expressions in the form of music, dance, poem, crafts, storey, and art work

The ‘neem’ example where the neem tree was considered to have a broad range of applications in India is an ideal illustration of what amounts to TK. The same was mentioned in Indian texts written over 2000 years ago and used for centuries in agriculture, human and veterinary medicine, toiletries and cosmetics and also as an insect and pest repellent.

WHAT IS BIOPIRACY?

The term biopiracy is defined in the Oxford Dictionary as:
“the practice of commercially exploiting naturally occurring biotechnical or genetic material especially by obtaining patents that restrict its future use while failing to pay fair compensation to the community from which it originates.”

Biopiracy is the unauthorized appropriation of knowledge and genetic resources of farming and indigenous communities by individuals or institutions seeking exclusive monopoly control through patents or intellectual property.

Bio-piracy refers to the use of biological material and associated traditional knowledge without consent and for commercial gain, often without giving credit or compensation to the communities that developed and maintained that knowledge.

Both medicinal plants and traditional knowledge are pre-existing with indigenous communities, tribes, or locals. Since there is no proper documentation, exclusive patent rights are granted to those parties that are not the TK’s real owners.

The exploitation of traditional knowledge by corporations and individuals for profit is a significant issue in India. This has led to the misuse of traditional knowledge associated with various plant species, medicinal practices, and other natural resources, which are being utilized for commercial purposes without permission and recognition.

One notable example is the patenting of the turmeric plant’s medicinal properties by foreign corporations, despite the fact that the plant has been used in Ayurvedic medicine in India for thousands of years.

For thousands of years or centuries, however, the question of preserving traditional knowledge never arose; it has become very significant today. Various attempts to obtain the protection of intellectual property on naturally occurring substances have alerted developing countries such as India to the value of traditional knowledge.

These countries have only begun to realise the importance of traditional knowledge after the Western advanced scientific nations have begun to grant traditional knowledge rights of intellectual property in their nations. Such use can be called Bio Piracy, whereby unauthorised extraction of biological resources or traditional knowledge from developing countries is done to obtain patents without compensating the original holders of knowledge.

The Haldi (turmeric), neem and basmati biopiracy cases were turning point for India in the real sense as India after that took some drastic steps not only to protect its Traditional Knowledge (TK) but also GIs. A critical analysis of these cases is undertaken in discussion to be followed under convenient headings.

CASES STUDY OF LANDMARK BIO-PIRACY CONTROVERSIES

NEEM CASE (Azadirachta indica A. Juss)

The United States and India were involved in a biopiracy dispute over the rights to the neem tree.

For over 2,000 years, people in India have used the neem tree (every part of it) in everyday life:

  • As a natural pesticide
  • Medicine
  • Fungicide
  • Spermicide
  • Toothbrushes from twigs

It was freely available to everyone and no one “owned” it.

W.R. Grace, an agricultural chemical company based in Florida, developed a technology to extract the active ingredient in the neem tree seed in a stable solution and patented the stabilization process and the stabilized form of the ingredient with the United States Patent and Trademark Office (USPTO).

W.R. Grace then obtained a European patent in 1994 jointly with the United States Department of Agriculture (USDA) on the manufacturing process of the neem tree seed oil as a fungicide.

These patents meant that India, despite its ownership of the neem tree and having used the medicinal plant for centuries, had no legal rights to develop the plant for medicinal or curative purposes.

India challenged the patent on the grounds of:

  • Lack of novelty
  • Lack of inventive step

India was eventually successful, and the patent was revoked after years of legal struggle.

TURMERIC CASE (Curcuma longa Linn)

The turmeric case is a landmark case where a patent based on traditional knowledge was successfully challenged.

In 1995, a US patent was granted for turmeric’s wound-healing properties.

The Council of Scientific & Industrial Research (CSIR), New Delhi challenged the patent by proving:

  • Turmeric had been used in India for centuries
  • It was not a new invention

They submitted:

  • Sanskrit texts
  • Published research papers

The patent was revoked as it lacked novelty.

INDIAN LEGAL SCENARIO WITH RESPECT TO BIO-PIRACY

INDIA’S BIOLOGICAL DIVERSITY ACT, 2002

The Biological Diversity Act governs:

  • Conservation of biodiversity
  • Sustainable use
  • Fair sharing of benefits

It requires prior approval before applying for intellectual property based on Indian biological resources.

THE PATENT ACT, 1970

  • Prevents patenting of traditional knowledge
  • Requires novelty, inventive step, and industrial applicability
  • Section 3(p) bars patents based on traditional knowledge

GEOGRAPHICAL INDICATIONS ACT, 1999

  • Protects products based on geographical origin
  • Prevents misuse of traditional products
  • Valid for 10 years (renewable indefinitely)

THE PROTECTION OF PLANT VARIETIES AND FARMER’S RIGHTS ACT, 2001

  • Protects plant varieties
  • Recognizes farmers as custodians
  • Ensures benefit sharing

TRADITIONAL KNOWLEDGE DIGITAL LIBRARY (TKDL)

The TKDL was established in 2001 to combat biopiracy.

It:

  • Digitizes traditional knowledge
  • Translates it into multiple languages
  • Helps patent examiners verify prior art

Patent applications are checked against TKDL to prevent misuse of traditional knowledge.

SUGGESTIONS TO ENSURE EFFECTIVE PROTECTION OF TRADITIONAL KNOWLEDGE

  • Develop stronger legal frameworks
  • Implement WIPO Treaty (2024)
  • Strengthen TKDL
  • Allow legal action against biopiracy
  • Introduce strict penalties
  • Promote indigenous participation
  • Increase awareness and education

CONCLUSION

Bio-piracy is not just a legal issue; it is a matter of justice for indigenous communities who have preserved valuable knowledge for generations.

It involves the use of traditional knowledge for financial gain without recognition or compensation.

India has taken steps such as the TKDL, but more needs to be done. A balanced approach is required to:

  • Protect traditional knowledge
  • Promote innovation
  • Ensure fair benefit sharing

Article Written by Shikha Sharma
BALLB(Hons.), UILS, HPU