Bioprospecting, Intellectual Property Rights and Mātauranga Māori
Example – A patent revoked by the European Patent office16
In 1995, a patent based on the antifungal properties of an Indian medicinal plant, Neem (Azadirachta indica), was granted by the European Patent Office (EPO) to international interests. A number of parties opposed this move on the grounds that the biological properties of this plant had been known in India for over 2000 years. Neem is used by Indian communities in a range of products, for example, as an oil against fungus growth, in soaps, contraceptives, cosmetics and insect repellents. On this basis, the patent was eventually revoked in 2005.
What is bioprospecting?
Bioprospecting can mean different things to different people. A commonly used definition is: bioprospecting is the collection and examination of biological resources, such as plants and animals, for features that may be of value for commercial development.
What is the difference between access to genetic resources and benefit-sharing and bioprospecting?
Access to genetic resources and benefit-sharing (ABS) has a broader meaning than bioprospecting. ABS can also apply to non-research activities such as the collection of fire wood for fuel. However, ABS is often used to mean the same as bioprospecting as defined above.
What is the relationship between bioprospecting, mātauranga Māori and intellectual property?
There are links between bioprospecting, mātauranga Māori and IP rights. For example, during the initial stages of a research project involving bioprospecting, mātauranga Māori can help researchers to better target the search for interesting biological material. In contrast, the acquisition of IP rights during a research project involving bioprospecting usually occurs much further down the track, in the later stages of a research project. The diagram opposite depicts the possible steps in a research project that involves bioprospecting, mātauranga Māori and IP protection.
However, the relationship between genetic resources, mātauranga Māori and IP rights is extensively debated internationally. For example, concerns have been raised regarding IP rights being granted where, in view of prior traditional knowledge regarding genetic resources, there is no uniqueness or novelty.
Where can I find out more about bioprospecting?
For more information see the following websites:
Both the Secretariat of the CBD and WIPO have developed practical resources for those involved in negotiations regarding the access and use of genetic resources, including through the provision of a range of options for dealing with IP issues in access and benefit-sharing agreements.
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