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BIOLOGY
There is growing public anger that certain companies are being
granted patents for products and technologies that make use of the
genetic materials, plants and other biological resources that have long
been identified, developed and used by farmers and indigenous people
of a specific region/country.
Rice is an important food grain, the presence of which goes back
thousands of years in Asia’s agricultural history. There are an estimated
200,000 varieties of rice in India alone. The diversity of rice in India is
one of the richest in the world. Basmati rice is distinct for its unique
aroma and flavour and 27 documented varieties of Basmati are grown
in India. There is reference to Basmati in ancient texts, folklore and
poetry, as it has been grown for centuries. In 1997, an American
company got patent rights on Basmati rice through the US Patent and
Trademark Office. This allowed the company to sell a ‘new’ variety of
Basmati, in the US and abroad. This ‘new’ variety of Basmati had actually
been derived from Indian farmer’s varieties. Indian Basmati was crossed
with semi-dwarf varieties and claimed as an invention or a novelty. The
patent extends to functional equivalents, implying that other people
selling Basmati rice could be restricted by the patent. Several attempts
have also been made to patent uses, products and processes based on
Indian traditional herbal medicines, e.g., turmeric neem. If we are not
vigilant and we do not immediately counter these patent applications,
other countries/individuals may encash on our rich legacy and we may
not be able to do anything about it.
Biopiracy is the term used to refer to the use of bio-resources by
multinational companies and other organisations without proper
authorisation from the countries and people concerned without
compensatory payment.
Most of the industrialised nations are rich financially but poor in
biodiversity and traditional knowledge. In contrast the developing and
the underdeveloped world is rich in biodiversity and traditional
knowledge related to bio-resour
ces. Traditional knowledge related to
bio-resources can be exploited to develop modern applications and can
also be used to save time, effort and expenditure during their
commercialisation.
There has been growing realisation of the injustice, inadequate
compensation and benefit sharing between developed and developing
countries. Therefore, some nations are developing laws to prevent such
unauthorised exploitation of their bio-resources and traditional
knowledge.
The Indian Parliament has recently cleared the second amendment
of the Indian Patents Bill, that takes such issues into consideration,
including patent terms emergency provisions and research and
development initiative.