Biopiracy involves unlawfully taking natural resources, patenting them, and profiting without providing any benefits or compensation to the country of origin.
1. Unauthorized misappropriation involves the wrongful use of biological resources and traditional knowledge.
2. Bio-patenting or exploiting bioresources without proper permission or compensation from the respective nation constitutes unlawful actions.
Here are instances of biopiracy.
(a) patenting of neem(Azadirachta indica) :
1. In the early 1990s, the USDA and an American MNC W.R. Grace attempted to patent the “method for controlling pests on plants using hydrophobic extracted neem oil,” thereby appropriating India’s traditional knowledge about neem properties and uses.
2. The patenting of Neem’s fungicidal properties during that time serves as an instance of biopiracy.
(b) patenting of Basmati:
1. Rice Tec Inc, a Texas-based American company, obtained a patent from the US Patent and Trademark Office (USPTO) in 1997 for the trade name Texmati, associated with the Basmati rice line and grains.
2. The patent application faced backlash in March 2001, as it was considered an instance of biopiracy, claiming broad invention rights over Basmati, a long-grained, aromatic rice variety native to the Indian subcontinent, leading to the rejection of all claims by the USPTO.