Have proliferated in recent years, the phenomenon of major countries to seize the wealth of biological biopiracy and knowledge of national or municipal other countries have national or indigenous knowledge, and tapped in obtaining patents.
Since the protection of these innovations alleged by patents pose a threat to the wealth of biological states - especially for developing countries - and include an assault on knowledge of national and municipal national or indigenous knowledge, it is permissible pursuant to the provisions of Article 27 (2) of the TRIPS Agreement to exclude this range of innovations from ability to obtain a patent based on the idea of protecting public order and morality.
Perhaps the statement of what has happened in some of the developing countries of the attacks demonstrates the seriousness of this phenomenon and the importance of addressing them. The most prominent example of this patent, which were recorded in the United States relates to plants grown in India for a long time and the most important patents on plants turmeric, and neem neem ([1]), and the type of rice called basmati rice, as well as regarding the innocence of the Quinoa, which is related to the type of grain is grown in the Andean nations and is a staple food for the population.
The first patent was awarded for the invention of the findings of two researchers at the Medical Center of the University of Mississippi, USA, in March 1995, and the use of the material extracted from the plant in the turmeric to heal wounds and infections. This plant belongs to the ginger family native to India and ginger. She was awarded a patent in the United States despite the use of this plant in India in the treatment of wounds and infections since ancient times. The Council responded Scientific and Industrial Research Indian The Indian Council for Scientific and Industrial Research (CSIR) to process this piracy, and raised the objection before the Patent and Trademark Office and the U.S. trade request cancel the registration of a patent based on the unavailability of the condition invention. Research Council and presented to the Indian Patent Office published documents proving lack of invention, including research published in the Journal of the Indian Medical Association in 1953., And after a long legal controversy decided Patent Office and Trademark Cancel U.S. patent.
The neem neem tree are grown in India and in the countries of Southeast Asia and in Africa, and has been cultivated in the holy land in the region of Arafat in Saudi Arabia. The tree used in the extermination of insects and resist fungal diseases that infect plants and crops, neem oil is also used in the treatment of the skin, and meningitis, and enters in the industry Medical soap for the shower, and is used to prevent the spread of malaria infection by mosquitoes. The tree of various other uses in the pharmaceutical industry, well-known in India for a long time. She was awarded several patents related to products sourced materials derived from the neem tree, but more patent that sparked considerable controversy for its reliance on local knowledge in India local knowledge of those awarded to company WR. Grace America. Despite the objections that have been raised about these innovations for the alleged patents, however, the U.S. Patent Office did not change its position and continued to protect them.
But as the basmati rice varieties of rice is grown in India and Pakistan and is characterized by a high degree of quality. Although cultivation of this product in India a long time ago and exported to overseas Office has granted patent and trademark in the U.S. in September 1997 patent for an American company, to be derived class rice basmati, failed objections raised by the Indian side to cancel the registration of a patent.
The patent and the Quinoa are related to ginseng grown in the Andean countries, and is a staple food for a large number of the population in Chile, Bolivia, Peru and Ecuador. And articles thereof, which is grown a variety apelawa in Bolivia. The patent was awarded to two professors at the University of Colorado, Colorado State University in the United States for the use of this product in the preparation of a drug for the treatment of male infertility male sterility.
It is clear from our review of the examples of developed dangerous phenomenon of developed countries to seize the wealth of biological and local knowledge in developing countries.
It should be noted that the Convention on Biological Diversity (CBD) concluded the year 1992 has recognized the right of states to regulate the exploitation of biological wealth and get a fair share of the gains that result from exploitation. In addition, it has established a government committee under the umbrella of WIPO's work on the development of the intellectual property system for the protection of genetic resources and traditional knowledge and folklore.
Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.
It is self-evident that the development of a system to protect these communities through intellectual property will achieve a certain interest for most developing countries because they are rich and distinct in these three areas.
([1]) See for more details on the cultivation of plants and basmati, neem termeric in India, and the granting of patents by the United States, the study prepared by the Center for Trade and Development, Trade & Development Center for India (Part VI of the study) which is published electronically and Moukahaaly internet www.itd.org/issues/india6.htm has participated in the establishment of this center of each of the World Bank and the World Trade Organization within the framework of a program called the information Technology Program for development of information Technologies for Development (ITD).
التسميات
Intellectual property