DEDICATED THREAD: BIO-PROSPECTING One of the most contested aspects of the use of patents in biotech is the seeking out and patenting of compounds that can be found in nature. Is this an abuse of the patent system? What are the legal and philosophical nuances that enable this interpretation and use of patent law? Do we need patent law reform to address this issue and what would that look like? Despite the fact that patent law insists the invention must be novel patents are still being granted on properties which have been well known for generations. For example, the University of Mississippi has US patent no 5,401,504 on turmeric, which Indians have long known can heal wounds faster. There are more than 400 patents, mostly by the giant agro-chemical companies, on Bacillus thuringiensis gene sequences, long known as an insecticide and now the basis of Bt cotton, wheat, maize and potato. Belgiums Plant Genetic Systems has a US patent for all transgenic plants containing Bt. Meanwhile, the US Mycogen company, owned by Dow, has a European patent covering the insertion of any insecticidal gene in any plant. Such broad patents, say critics, confer huge market power to the company that wins. Individual biologists, chemists, and healers are being offered ad hoc payments, but because of outrage in the south, increasingly, compensation agreements are being made with communities and governments. The University of Chicago, the Missouri Botanical Garden and the New York Botanical Garden have all signed bio-prospecting agreements. The US National Cancer Institute has signed up with Bangladesh, Costa Rica, Ecuador, Guyana, India, the Philippines, Russia, Tanzania and Zimbabwe. Critics argue that the agreements are often vague and legally-contestable and just to challenge a patent in a US court may cost upwards of $300,000 - well beyond the reach of almost all communities. (Dedicated threads are meant to create a long term resource and will be moderated towards that goal. Conversational comments may be deleted at some time in the future to make the thread more useful for future generations.)
Posted on: Mon, 03 Mar 2014 18:33:14 +0000