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Although there is not a universally accepted definition, “biopiracy” is a term that describes illegal or unauthorized access to and use of biodiversity components (mainly genetic and biological resources) and associated traditional knowledge, as part of development and research processes and application of biotechnology. It is also associated to innovations protected by intellectual property rights (especially patents) and that incorporate these components or indigenous knowledge obtained direct or indirectly without prior consent of or authorization from their owners.
What biological resources such as maca, yacon, quinua, ayahuasca, cupuacu, neem, dragons blood and coloured cotton have in common is that they are not only economically and culturally important resources but have also been used to carry out research activities where resulting products have derived in the granting of intellectual property rights (see www.etcgroup.org, www.grain.org for more detailed information).
Around the world the concession of rights (patents, trademarks, plant breeders rights and others) and “appropriation” (direct or indirect) has been emphasized mainly as affecting the interests of countries rich in biodiversity and their indigenous communities that have traditionally maintained, conserved and developed these resources.
The Initiative for the Prevention of Biopiracy is an initial platform or menu of options, to approach, face and analyze biopiracy using a series of tools and mechanisms. As a complex phenomenon, biopiracy often requires integral answers which articulate research efforts, awareness, concrete actions (judicial and administrative), generation of alliances and networks and connection with similar efforts which from different perspectives aim at one objective: prevent biopiracy occuring as much as possible or, in the best of cases, erradicate it altogether.
Although the Initiative seeks to become in the long term a global effort to confront biopiracy, the first phase focuses on the Amazon Andean region.
This Initiative is not and does noteven pretend to be the only answer to problems associated to biopiracy. However, it is a tool that will, modestly, contribute to confronting them.
Due to the nature of biopiracy, there are a diversity of interests which may benefit from the Initiative. In the first place, countries rich in biodiversity and their indigenous and local communities will be key beneficiaries from the Initiative. These benefits do not necessarily translate into economic benefits, but may also imply a wide range of legal, political, social, cultural and ethical changes. Secondly, there will be cases in which diverse actors will be benefitted including national entrepeneurs, small farmers and productive chains, native communities, research centers and the academic sector.
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General coordination of the Iniciative:
Manuel Ruiz
Sociedad Peruana de Derecho Ambiental.
Prolongación Arenales 437, San Isidro
Phones (511) 422-2720 / 421-7330 / 421-1394
E-mail : mruiz@spda.org.pe |
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