---------- Forwarded message ----------
From: Biodiversity Centre <[email protected]>
Date: Jan 11, 2010 11:43 PM
Subject: [GreenLeft_discussion] Biodiversity Forum expresses concern over
biopiracy
To: [email protected], [email protected]
Cc: [email protected]



Hope the govt will take CBD seriously and stem the tide of biopiracy.
Rajendran
......................

http://beta.thehindu.com/news/states/kerala/article79028.ece

Biodiversity Forum expresses concern over biopiracy
Roy Mathew

The Indian Biodiversity Forum has expressed concern over India’s failure to
invoke provisions of the Convention on Biodiversity (CBD) to check the
escalating piracy of Ayurvedic medicines.

According to an official release of the Union Ministry for Environment and
Forests, about 2000 patents related to the Indian Systems of Medicine are
granted every year in the U.S. Patent and Trademark Office, the European
Patent Office, and other overseas patent offices. However, the Ministry had
failed to challenge the biopiracy legally using the provisions of the
Convention, the Forum said.

In a message to the Union Minister for Environment and Forests Jairam
Ramesh, the chairman of the Forum S. Faizi said the Ministry is accountable
to the nation for its failure to check the escalating biopiracy. The CBD
explicitly recognised national sovereign rights over biodiversity, and it
stipulated legally binding conditions for access to biodiversity for a
foreign entity, namely, prior informed consent of the country, mutually
agreed terms and equitable benefit sharing. Violation of these provisions
constituted an infraction of the CBD except in the case of the U.S. which is
not a party to the CBD.

The government had miserably failed to invoke the provisions of CBD in
opposing the patents in countries which are parties to CBD. Instead, it was
pursuing the patent laws that regarded biodiversity as a global resource, in
line with the TRIPS provisions. “No single legal case was raised by India
arguing that the biodiversity and related knowledge in question are the
sovereign national resource of India and these were misappropriated by the
entity in question.”

Dr. Faizi, who was negotiator in the Intergovernmental Negotiation Committee
that formulated the CBD, said the Indian delegation had not raised the issue
of the growing piracy of India’s biodiversity in any of the numerous CBD
meetings that followed the formulation of the treaty. Besides, India had not
asked for a debate on the failure of those Parties who have not taken the
legislative, administrative and policy measures to require its citizens and
legal persons to comply with the CBD provisions. It had also not asked for
activating the dispute settlement mechanism provided in the treaty.

“India’s position and performance in the negotiations on access and
benefit-sharing has been casual, allowing the process to virtually reopen
the hard negotiated provisions of the treaty,” he said.

[Non-text portions of this message have been removed]

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