12.3 Biopiracy and ethics of bioprospecting

Biopiracy and bioprospecting ethics tackle the unauthorized use of biological resources and traditional knowledge. These practices raise concerns about indigenous rights, fair compensation, and biodiversity conservation. The topic explores historical cases and ethical implications for communities and countries.

Legal frameworks like the Convention on Biological Diversity aim to address these issues. Key ethical considerations include prior informed consent, mutually agreed terms, and equitable benefit-sharing. However, challenges remain in enforcing these principles and balancing interests of all parties involved.

Biopiracy and Bioprospecting Ethics

Definition of biopiracy

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• Unauthorized appropriation or commercial exploitation of biological resources and traditional knowledge from indigenous communities or biodiversity-rich countries without proper consent, compensation, or benefit-sharing
• Often involves patenting or claiming intellectual property rights over these resources (neem tree, hoodia cactus, ayahuasca)
• Ethical implications for indigenous communities involve violation of their rights to self-determination and control over their cultural heritage and traditional knowledge, lack of recognition and respect for their contributions, and economic exploitation and loss of potential benefits
• Ethical implications for biodiversity-rich countries include loss of sovereignty over their genetic resources and associated traditional knowledge, unfair distribution of benefits, and negative impact on the conservation and sustainable use of biodiversity (Amazon rainforest, African savannas)

Historical cases of biopiracy

• Neem tree case (India) involved US company W.R. Grace obtaining patents on neem-based products without proper consent or benefit-sharing, challenging the traditional use and knowledge of neem by Indian farmers and healers
• Hoodia cactus case (South Africa) involved pharmaceutical company Phytopharm patenting Hoodia's active ingredient without initially involving or compensating the San community, raising concerns about the adequacy of compensation and recognition of traditional knowledge
• Ayahuasca patent case (Amazon) involved a US patent granted on a variety of ayahuasca, a traditional spiritual medicine used by indigenous Amazonian tribes, raising concerns about the misappropriation of sacred knowledge and the potential commercialization of a cultural heritage
• Impact on local communities and traditional knowledge systems includes erosion of traditional knowledge and cultural practices, lack of control over the use and dissemination of their knowledge and resources, and limited access to benefits and recognition for their contributions to the development of new products or innovations (medicines, cosmetics)

Ethics of bioprospecting

• Prior informed consent (PIC) involves obtaining the free, prior, and informed consent of indigenous communities before accessing their biological resources and traditional knowledge, providing full disclosure of the intended use, potential benefits, and risks
• Mutually agreed terms (MAT) involve establishing fair and equitable benefit-sharing agreements through transparent, legally binding negotiations that reflect the interests and needs of both parties
• Respect for traditional knowledge and cultural practices involves acknowledging and respecting the value of traditional knowledge systems in conservation and sustainable use, protecting the confidentiality and sacred nature of certain knowledge or practices (medicinal plants, spiritual ceremonies)
• Equitable benefit-sharing ensures that the benefits arising from the use of biological resources and traditional knowledge are fairly shared with indigenous communities and countries of origin, including monetary compensation, technology transfer, capacity building, and recognition of intellectual property rights
• Conservation and sustainable use involves promoting the conservation and sustainable use of biodiversity through bioprospecting activities, ensuring that the collection and use of biological resources do not threaten the long-term viability of ecosystems or species (rainforests, coral reefs)

Legal frameworks vs biopiracy

• Convention on Biological Diversity (CBD) recognizes the sovereign rights of countries over their genetic resources and the importance of fair and equitable benefit-sharing, requires prior informed consent and mutually agreed terms for access, but has limitations due to its non-binding nature, lack of specific enforcement mechanisms, and limited scope
• Nagoya Protocol is a supplementary agreement to the CBD that provides a legal framework for the implementation of fair and equitable benefit-sharing, establishes more specific obligations for countries to ensure compliance and prevent misappropriation, but faces challenges in ratification, monitoring, and potential conflicts with other international agreements (TRIPS)
• UN Declaration on the Rights of Indigenous Peoples (UNDRIP) affirms the rights of indigenous peoples to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and intellectual property, calls for recognition and protection in the context of access to genetic resources and benefit-sharing, but has limitations due to its non-binding nature and challenges in translating into national laws and policies
• Effectiveness of international legal frameworks is limited due to weak enforcement mechanisms, lack of harmonization among national laws, power imbalances between indigenous communities and bioprospecting entities, and the need for stronger national legislation, capacity building, and more effective monitoring and dispute resolution mechanisms