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Environmental
Sciences
Paper 03 Biodiversity and Conservation
Biopiracy
Paper No: 03 Biodiversity and Conservation
Module: 37 Biopiracy
Development Team
Principal Investigator
&
Co- Principal Investigator
Prof. R.K. Kohli
Prof. V.K. Garg & Prof. Ashok Dhawan
Central University of Punjab, Bathinda
Paper Coordinator
Dr. Sunil Mittal
Central University of Punjab, Bathinda
Content Writer
Dr. Felix Bast
Central University of Punjab, Bathinda
Content Reviewer Dr. Sunil Mittal
Central University of Punjab, Bathinda
Anchor Institute
Central University of Punjab
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Biopiracy
Description of Module
Subject Name Environmental Sciences
Paper Name Biodiversity and Conservation
Module
Name/Title Biopiracy
Module Id EVS/BC-III/37
Pre-requisites
Objectives
1. To differentiate between bioprospecting and biopiracy
2. To analyse case studies of famous biopiracy cases across the world,
including Maya-ICGB, Basmati Rice, Darjeeling tea, Quassia, neem,
Turmeric, Tamarind, Okra, Jar Amla, Brazzein Berries, Captopril, Enola
Bean, Quinoa, Rosy Periwinkle, bt-Brinjal, Artemisinin and Hoodia
3. To learn about current slowdown in bioprospecting
Keywords
Bioprospecting, Biopiracy, Patent, Ethics, Colonialization, Traditional
Medicine, Combinatorial Chemistry
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Module XX: Bioprospecting
1. Learning outcomes
1.1 To differentiate between bioprospecting and biopiracy
1.2 To analyse case studies of famous biopiracy cases across the world, including Maya-
ICGB, Basmati Rice, Darjeeling tea, Quassia, neem, Turmeric, Tamarind, Okra, Jar
Amla, Brazzein Berries, Captopril, Enola Bean, Quinoa, Rosy Periwinkle, bt-Brinjal,
Artemisinin and Hoodia
1.3 To learn about current slowdown in bioprospecting
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Biopiracy
2. Concept Map
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3. Description
3.1 Introduction
The term biopiracy is oftentimes used as a synonym for bioprospecting,
however, there are subtle differences. The differences are indeed a question of politics
and ethics. While bioprospecting implies that the samples are acquired through proper
legal and ethical frameworks (including equitable benefit sharing and Prior Informed
Consents, PICs), the term biopiracy is used when an indigenous knowledge is patented
for lucrative purposes with neither the knowledge of indigenous community, nor their
consent. However, the difference is so subtle that it is oftentimes an ethical and political
question. Political philosophies that are against globalization (for example, socialist and
left-wing ideologies) oppose any form of bioprospecting and blame it as biopiracy. For
example, Biopiracy is oftentimes defined as “a practice commercially exploiting
naturally occurring genetic material or biochemical”. Even though a consent is obtained
from the chieftain of an indigenous tribe to obtain the sample, how ethical it is to take
the ownership and patent it? However, there is a consensus that biopiracy is exploitation
of marginalized or tribal or indigenous communities. Bioprospecting might or might
not involve such communities; for example as discussed in bioprospecting module,
when a Swiss scientist developed a blockbuster drug from microbes isolated from soil
samples that he collected from Norway on a family holiday, the case had nothing to do
with indigenous community and is not regarded as a case of biopiracy. Biopiracy is
generally regarded as unethical, in contrast with bioprospecting, which is an ethical
practice.
At the heart of this issue lies the concept of ownership. Can a firm or community
or a nation claim ownership for a particular species of organism? Similar situation can
also be found in the discipline of taxonomy; a number of plants extensively used in
indigenous medicine, for instance Tulsi (Ocimum tenuiflorum), had been formally
described by Swedish taxonomist Carl Linnaeus, and he is the taxonomic authority of
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these plants. It is not the case that these plants have had no names in Sanskrit (Tulsi is
the Sanskrit word for this plant; yet the credit for naming this plant had been taken by
the Swedish scientist). Patenting rules differ from country to country. In India, patenting
a plant species (or any living organism) is not allowed; while the US patent office grants
such patents. As India do not come under the purview of US patent office, on first
glance this issue seems irrelevant. However, often times these plants could be
developed into transgenic varieties and become a commodity of multinational
monopolies (three most prominent firms being Monsanto, DuPont and Syngenta).
Oftentimes, the firms make these transgenic plants deliberately infertile such that the
farmers need to purchase the plants again and again from the companies.
The reason why bioprospecting firms often target indigenous knowledge is
obvious; this traditional knowledge with their trial and error approach, albeit the
approach itself is unethical and cumbersome, might offer better prospects for successful
lead discovery rather than random screening of natural products. Random screening is
especially cumbersome; it is estimated that to develop one successful drug candidate,
the company need to screen a very large number of samples, approximately 250000 of
it, and is therefore extremely slow (takes decades to develop a drug) and is very
expensive. Oftentimes, even after screening, the firm would come out with a drug for
which better and cheaper substitutes are already available in the market, rendering the
lead development effectively useless.
As the bioprospectors largely hail from rich countries of temperate regions and
they access samples from poorer countries of tropics, the question on how sample was
accessed oftentimes becomes a political question. Analogy is how ethical the British
government possessing Kohinoor Diamond that they ‘accessed’ during the colonial
times, or numerous such cases, accessing Ancient Egyptian Mummy specimen for
instance. One such a case is discussed later on that involves sample acquisition by a
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French firm from a former French colony in Africa. Biopiracy is, therefore, oftentimes
linked with colonialism.
Apart from acquisition of plant or organic materials (such as snake venom, as
discussed later), biopiracy also covers genetic resources. Genes of wild races are
involved with various desirable attributes, such as disease resistance, draught
resistance, tolerance to heat and salt stresses, high yield and so on. These genes obtained
from the nature can be cloned and developed into transgenic organisms possessing such
desirable qualities. Genes coding for desirable proteins can be cloned and expressed in
bacteria for the direct production of such substances in bioreactors (for example,
production of insulin and Taq Polymerase). Therefore, if such genes are obtained from
sample materials that are used as part of indigenous medicinal systems without proper
ethical and legal frameworks, that would construe as a case of biopiracy as well.
3.2 Famous case-studies of biopiracy
Maya-ICGB
This controversy happened in 1999-2000 when two scientists from University
of Georgia, USA established International Corporative Biodiversity Group (ICGB) to
document the biodiversity of Chiapas region of Mexico and ethnomedicinal features of
indigenous Maya people. ICBG established an NGO PROMAYA in Mexico as a
mediator. The controversy was that PROMAYA was wholly under the control of two
US researchers and benefit sharing and PIC merely remained in the paper; a clear case
of unethical exploitation of indigenous knowledge, or a case of biopiracy. The project
was terminated in 2001 without any bioprospecting success; however, this case was the
first to highlight the perils of biopiracy.
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Basmati Rice
Basmati Rice, an indigenous long-grain rice native to India, is one of the major
exporting commodity of India to US, Middle East and EU markets. Rice-Tech an
American firm filed for a patent for certain hybrid of Basmati Rice that they claimed
developed by the firm in 2000, and filed for the exclusive use of their trademark
Basmati in US markets. After the intervention from Indian government, several claims
of the patent were invalidated. As basmati rice is a registered geographical indication,
patenting on this or its hybrids is being protected by the European Commission.
Darjeeling tea
Darjeeling tea is a tea variety cultivated at Darjeeling, West Bengal for the last
two centuries, and is generally regarded as a unique commodity produced by India. Of
course, India is the world’s largest producer of tea, with a global share of about 35%
and Darjeeling tea exports generate a substantial revenue for the tea farmers and
industries in India. However in a number of developed countries (especially Japan and
France), the word “Darjeeling” is awarded a trademark to their own private firms,
although the product itself might not be from the Darjeeling region of India. This
situation is in stark contrast with other GI produces like Champagne (France) Tequila
(Mexico) Shiitake mushroom (Japan) and so on.
Quassia
Quassia amara is an indigenous plant that grows in French Guiana, the former
French colony in Africa. A French institute successfully developed an antimalarial
compound from this plant and received an EU patent in 2015. However, extracts of this
plant was in use for many centuries as part of the indigenous medicinal systems of
French Guiana. The French patent applicants claimed that their extract is alcohol-based,
while that of the traditional medicine was water-based. Indeed this is a valid point for
uniqueness and novelty, two criterions that the patent office check before granting the
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patent. Alcohol based extracts usually isolate different set of compounds from that
obtained from water-based extracts. However, no prior informed consent was obtained
by the French institute before obtaining the plant sample. The case is still subjudice as
of this writing.
Neem
WR Grace, an American firm along with US Department of Agriculture
obtained an EU patent in 1994 for antifungal chemicals that they have extracted from
Neem trees (Azadirachta indica). However, neem is being used for centuries in Indian
traditional system of Ayurveda. Prominent environmentalist groups from around the
world (including Vandana Siva from India) opposed this patent in 2000. Finally, the
EU patent office revoked the patent in 2005.
Turmeric
At least four US patents were granted on the medicinal uses of Indian plant
turmeric, the famous among them is the patent filed by two Indian expatriate scientists
from University of Mississippi Medical Centre, US for the use of turmeric powder in
wound healing. India’s CSIR filed an application with the US patent office to revoke
the patent as the turmeric had been in use in Ayurveda for ‘thousands of years”. The
CSIR even produced ancient Sanskrit texts and previous papers on the medicinal uses
of turmeric powder. In response, the US patent office revoked not only this particular
patent, but also all the rest 3 patents for the uses of turmeric.
Tamarind
World’s largest producer of tamarind is India; with annual production more than
half of the world’s total. Tamarind pulp had been part of the traditional Indian
Ayurvedic medicine for last many centuries as a component of various herbal
formulations for treating various diseases. From 1978 until 1997, there were about 30
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US and Japanese patents each granted for the tamarind-based pharmaceutical
formulations. At the same time, Indian organizations like ICAR and CSIR owns merely
8 patents in India for the applications of tamarind paste. Having granted more than 60
patents worldwide on tamarind paste which Indians consider their traditional
intellectual rights, this case have received lot of media attention in India to such an
extent to call all those international patents as a case of biopiracy.
Okra
In 1999, US firm Cromak Research Inc. Obtained a US patent for an herbal
mixture that contained extracts of Okra (Karela/Bitter guard). However, okra juice had
long been used in indigenous medicinal system of Ayurveda for treatment against
diabetes. This patent received lot of media fury in India and was termed yet another
case of biopiracy.
Jar Amla
Fox Chase Cancer Centre in Philadelphia, USA was successfully awarded an
EU patent for the extracts from Jar Amla plant (Phyllanthus niruri) for treatment against
Hepatitis B. However, this plant had been used for centuries in Indian traditional
medical systems including Ayurveda, Siddha and Yunani for treating Jaundice.
Brazzein Berries
In University of Wisconsin at Madison, US obtained three patents for the
Brazzein berries (Pentadiplandra brazzein), including one for a low calorie artificial
sweetener obtained from this plant which is 2000 times more sweet than the ordinary
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cane sugar. The plant is indigenous to West African country of Gabon and its qualities
were known for the West Africans for centuries. It was said that the researcher noticed
the Gabon people eat the berries and thought that there might be something special
about the berries, to investigate its potentials. The UW-Madison team isolated the gene
from the plant coding for the protein, and they cloned it in the suitable vector to
commercially harvest the sweetener at large quantities without having to go to Africa
to collect the plant or to grow it there, and received yet another patent for this. The turn
over of US artificial sweetener market is estimated to be around 100 billion USD, yet
the UW-Madison shared none of the generated benefits with Africans.
Captopril
The drug Captopril belongs to a family of drugs called Angiotensin Converting
Enzyme (ACE) Inhibitor used to treat hypertension and Congestive Heart Failure.
Captopril was developed from the venom of lance head viper snakes Bothrops jararaca
that are native to Amazonian rainforest. However before the development of this drug,
venom of this snake had been used by the indigenous Brazilian tribes to coat it on the
arrowheads used in hunting and inter-tribal warfare. The drug was developed by the
American firm Bristol-Myers Squibb and patented in 1977; however no profit sharing
was made by them to the Brazilian tribes.
Enola bean
The Mexican yellow bean is an edible bean cultivated throughout Mexico. In
1999 a patent for this bean was granted by the US Patent Office. The bean was named
Enola in the patent application after the name of the wife of the patent applicant, Enola.
The patent holder sued a large number of Mexican exporters who exported these beans
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to the US citing the patent law infringement. The impacts were truly tremendous; over
90% of sales dropped negatively affecting more than 20000 farmers. Mexican farmers
filed an application with the US patent office to revoke the patent. In 2008, the US
patent office ruled in favour of Mexican farmers and revoked the patent.
Quinoa
In 1994, University of Colorado, US obtained a broad-spectrum patent for the
plant Quinoa (Chenopodium quinoa), which is a staple food for many tribal populations
living in Andes ranges, South America. Quinoa is the principal food source for Quechua
tribes of Peru, Chile and Bolivia and they pressurized the University to abandon the
patent in their interest. As the Bolivia exports Quinoa to the tune of USD 1 million per
year, the patent would affect the whole export, and finally to the farmers largely.
Finally, the University of Colorado abandoned this patent.
Rosy Periwinkle
Rosy periwinkle (Catharanthus roseus) is a native poisonous plant from
Madagascar; however, during the days of colonialization, this plant was introduced at
many different countries throughout the world. Its traditional African use was against
diabetes. Various tropical countries where this plant was introduced claimed that the
plant had been part of their indigenous system for the treatment of numerous diseases,
including sore throat, pleurisy, dysentery and so on. At least two potent and
commercially successful chemotherapeutics against cancer were developed from this
plant, viz. Vinblastine and Vincristine, although no benefits were shared by the
American drug firm Eli Lilly either with Madagascar or with other tropical countries
where this plant is used as part of their traditional medicine.
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Bt-Brinjal
US agricultural firm Monsanto, through its Indian subsidiary May Co, obtained
the seeds of Indian varieties of vegetable brinjal (aubergine/eggplant) without Prior
Informed Consent from National Biodiversity Authority (NBA) of India. The firm
developed insect resistant transgenic varieties of brinjal by cloning CRY protein genes
from Bacillus thuringiensis that express a potent toxin (delta enterotoxin) specifically
targeted to the insects while harmless to humans. The firms, in collaboration with local
agricultural universities, undertook large-scale field trials in Tamil Nadu and Karnataka
in 2005-06. However, there was no permission obtained from NBA before conducting
field trials as well, an obvious case of biopiracy. Subsequently, NBA initiated judicial
trials against Monsanto. However, it turned out that the firm had already obtained
permission from India’s Department of Biotechnology in 2005. This case reveals
administrative inadequacy and lack of effective inter-departmental communication.
Artemisinin
Extracts of the wormwood plant Artemisia annua had been part of the traditional
Chinese medicine for more than two millennia for treating malaria. In 1979, Chinese
researcher Tu Youyou isolated the compound artemisinin from the plant extracts and
immediately published the findings in Chinese Medical Journal (instead of patenting
it). Since then, the artemisinin and its other synthetic derivatives have become a
standard drug for the treatment against malaria, and saved millions of life worldwide.
As the drug was not patented, no drug firm held monopoly and generic medicines were
readily and immediately available worldwide, albeit patenting could have earned China
billions of dollars in revenue. This case illustrates a recurring ethical theme involved
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with life-saving drugs; is patenting ethical? However, most of the drug screening and
bioactivity investigations for the drug development are being undertaken by private
R&D firms, and for their sustenance, profit generation via patenting is required. Tu
Youyou won Nobel prize in 2015 for this discovery.
Hoodia
Hoodia (Hoodia gordonii) is a leafless succulent plant native to Kalahari Desert
in South Africa, and grows abundantly in Botswana, Namibia and South Africa.
Indigenous tribes (San people) used extracts of this plant as a panacea (magical
medicine against various ailments) and as an appetite suppressor. Samples of this plant
were acquired by American multinational firm Unilever and they signed MoU with
South African Council for Scientific and Industrial Research to develop a dietary
supplement. While San people were not part of this deal, later on they were invited and
made part of the benefit share. After a decade of research and spending nearly 20
million USD, Unilever finally abandoned the programme because of the toxicity of the
plant and negative results. This example illustrates problems with bioprospecting in
general; success rate is extremely low indeed.
3.3 Current slowdown
The case of Hoodia just discussed highlight a major issue with bioprospecting;
it is immensely a slow process, there is a large scope for potential controversies,
extremely expensive and chances of success very low. Post implementation of CBD
and Nagoya protocols, sample acquisition from third-world tropical countries have
become a major bureaucratic huddle for bioprospecting firms from rich temperate
countries. In the last two decades or so, a far better and straightforward approach of
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combinatorial chemistry have started emerging. Combinatorial chemistry aims at
synthesizing key ligands that specifically targets certain molecules of a disease
pathway. Instead of screening a large number of natural products, this approach first
look inward, the disease itself. Structures of key molecules involved in disease
progression are generated, and ligands that best bind with those molecules are
chemically synthesized. This approach is far more specific and directional, unlike trial
and error approaches used in screening of natural compounds. Yet another approach is
instead of screening the natural products, a number of pure compounds are isolated
from each extract, these pure compounds subjected to structure elucidation, and the
resulting structures housed in a public database. Researchers would now be able to dock
structures of potential target molecules of disease pathways with that from the database,
an in-silico approach known as molecular docking.
4. Summary
4.1 Bioprospecting firms often aim to develop high-value natural products such as
pharmaceuticals in their screening programmes. As the success rate is very low for
random screening of natural compounds, they often make use of indigenous
knowledge, especially folk medicine.
4.2 The term Biopiracy is used when an indigenous knowledge is patented for lucrative
purposes with neither the knowledge of indigenous community, nor their consent.
4.3 Legal frameworks of CBD and Nagoya protocols were enforced to minimize
incidences of biopiracy. However, there are a number of examples of biopiracy
worldwide.
4.4 A central redundant theme with cases of biopiracy is the issue of ownership of natural
resources and ethics of patenting life-saving drugs. While biopiracy of traditional
Ayurvedic ingredients is a much-discussed issue in India, the blockbuster antimalarial
drug Artemisinin was developed from traditional Chinese medicine. Instead of
patenting this life-saving drug and monopolise the profits, the discoverer Nobel
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laureate Tu Youyou chose to immediately publish the findings saving millions of lives
worldwide.
4.5 Political ideologies that are against globalization oppose any effort of bioprospecting
as biopiracy.
4.6 At present, there is a great slowdown in bioprospecting, in part contributed by
bureaucratic hurdles in sample acquisition post CBD and Nagoya protocol.
Remarkable progresses in the field of combinatorial chemistry made it the preferred
choice for all the major pharmaceutical companies worldwide.