Close monitoring found that some companies tried to register originating products in offices in China, the United States and Japan. With this action, the national biological wealth is safeguarded against the constant attempt by companies to appropriate this heritage.
Peru is a megadiverse country and its genetic resources (plants, animals and ecosystems), as well as traditional knowledge (ancestral knowledge about the uses and properties of biological products that are transmitted from generation to generation) are the reason for constant vigilance by the National Commission Against Biopiracy, which presides over the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi).
Thanks to this commission, the only one in the world, 114 cases of biopiracy have been identified in 25 patent offices around the world, in which it was intended to register the genetic resources of Peruvian origin and traditional knowledge of indigenous peoples.
The cases identified are related to maca (36), grade blood (30), sacha inchi (7), ungurahui (7), purple corn (4), camu camu (4), tara (3), cashew (3) , pasuchaca (2), aguaje (2), bag mullaca (2), yacón (2), achiote (1), indano (1), passionflower (1), camu camu- acaí- guaraná (1), ambrosia (1 ), maca-aguaje (1), palillo caspi (1), maca-huanarpo macho-chuchuhuasi (1), tuna (1), sweet cucumber (1), cat's claw-grade blood (1) and good afternoon ( one).
Of that list, 58 cases have already been resolved favorably for Peru. In other words, the patents have been withdrawn or denied thanks to the observations presented by the commission, through the Peruvian Foreign Ministry, before the respective patent offices.
The companies and investigators involved in these cases went to the China registry office, followed by the United States and Japan. Thanks to the ratification of the Nagoya Protocol, to which China and Japan are subscribed, greater precision will be exercised for the defense of national resources.
Precisely, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Derived from their Utilization, within the framework of the Convention on Biological Diversity, was signed in 2010 and entered into force in 2014, and was ratified by Peru that same year.
The norm seeks to avoid cases of biopiracy and to guarantee a reasonable distribution of benefits obtained from access to and use of genetic resources and traditional knowledge of indigenous peoples.
The National Commission Against Biopiracy has focused its monitoring on 238 genetic resources. Thus, it searches all the patent databases of the world to verify the existence of cases of biopiracy related to our genetic resources and traditional knowledge.
To date, it has found about 90,000 patent documents related to national genetic resources, which does not mean that they all involve cases of biopiracy, since they can be patent applications or patents that are not based on traditional knowledge or derivatives.
This surveillance and case management work is essential in a country like Peru, which due to its mega-diversity always draws the attention of companies, pharmaceutical companies and researchers in general.
While it is true that these groups could share benefits of any kind with indigenous peoples, in no way can they patent them because the patenting of plants or animals does not proceed, but innovations, as long as they comply with the rules of access to the genetic resource and the requirements novelty and inventive level required by patent offices, thus contributing to the research and development of new products, as in the pharmaceutical, cosmetic and natural products industry. They are risks to be avoided.
Initiative in the world
Given the immense interest in our genetic resources and associated traditional knowledge and as a way to defend them, Peru took the initiative on a global scale and, in 2004, created the National Commission Against Biopiracy.
It is attached to the Presidency of the Council of Ministers and is chaired by Indecopi. It is a multisectoral commission made up of 13 entities from the public and private sectors. According to the Law for the creation of the National Commission, Law 28216, biopiracy is defined as the unauthorized and / or unauthorized access and / or use of genetic resources and / or traditional knowledge.
Peru is one of the 17 megadiverse countries in the world because it has 84 of the 114 existing life zones and it has 28 of the 34 climates on the planet.
Source: El Peruano