Ikechi Mgbeoji: Global biopiracy: patents, plants and indigenous knowledge

Abstract

Biopiracy or the (mis)appropriation of traditional/indigenous knowledge through patents and other means by the corporations and individuals in developed countries is a major issue for developing nations and indigenous communities. Many solutions have been suggested to prevent this misappropriation and developing nations have suggested the Disclosure of Origin as one of the important measures that should be incorporated in the patent systems in the world. In this book Ikechi Mgbeoji provides an excellent analysis of the various issues in biopiracy and the patent system and suggests solutions for recognizing the contributions and rights of the indigenous people. The author traverses disciplines to provide a thorough analysis of the issue and implications of the pernicious developments for global biodiversity and cultural diversity. The linkage between cultural diversity and biodiversity is well accepted now and the usefulness of traditional knowledge in drug discovery is also well known. The book is divided into six chapters. A broad overview of the subject matter is provided in the first chapter. The second chapter divided into eight parts, provides a detailed analysis of the origin of the patent system, the conceptual basis for patents, the evolution and development of the patent system, and the North–South dimension in the patent system. The third chapter discusses the global regime on plants and the status of plant genetic resources in the international regime, their appropriation in the name of Common Heritage of Mankind (CHM) and the developments in international environmental law on biodiversity loss and sustainable use of biodiversity. The fourth chapter provides an analysis of the appropriation and privatization of plants and Traditional Knowledge on Use of Plants (TKUP). The fifth chapter dwells on law of patents, plants and TKUP and the many features in patent regime, particularly the patent regime of USA that enable this appropriation and provide justifications for it. To counter this the author proposes a communal patent regime and a version of Plant Breeders Rights and suggests that these could prevent appropriation and provide recognition for rights of indigenous communities. In the final chapter issues related to biosafety and the environmental impacts of Genetically Modified Organisms on the environment and how states have responded to the problem of appropriation are discussed. The chapters do provide an excellent analysis of the issues, concepts and related developments in international law, international environmental law and the intellectual property rights regimes, at the national and international level and the implications of these for indigenous communities and developing countries. The in-depth analysis of these issues enhances the value of the book although this reviewer would like to point out that at times the rhetoric can annoy the reader. Instead of resorting to stereotypes like ‘‘racist,’’ ‘‘gendered nature of science’’ the author could have addressed the issues differently. Scholars in science studies have analyzed similar issues without resorting to such stereotypes and have underscored the problems with applying such categories in all contexts. There is no need to romanticize indigenous knowledge and posit it as the other of the western knowledge system. The author’s criticism of the principle of CHM and its use to legitimize appropriation of plant genetic resources and knowledge is valid. But he fails to look at the positive aspects of CHM and how it can be used as a strategy to develop a commons in the plant genetic resources that K. R. Srinivas (&) Research and Information System (RIS) for Developing Countries, New Delhi, India e-mail: krsriniv@gmail.com