| The Coalition Against Biopiracy occasionally
grants its
"Captain Hook Award" to the world's foremost practitioners
of
the art of appropriating knowledge and biological resources from
indigenous
peoples and traditional communities. Some of the past nominees
include:
University of Colorado
For appropriating indigenous knowledge and
genetic resources
by patenting a traditional variety of quinoa (Chenopodium quinoa).
Quinoa is a high protein "pseudocereal" crop from the Andes important
for
the food security of millions of Andean indigenous people. The
University
of Colorado´s patent (U.S. # 5,304,718) is on the male sterile
plants
of the traditional Bolivian "Apelawa" quinoa variety and the variety's
use in creating hybrid seed.
The University is trying to sell rights to its
patent
for use in the expanding U.S. and European markets for quinoa.
According
to Frieda's, a U.S. food wholesaler that began to sell quinoa in its
"Lost
Crops" product line last year, "The Incas thought QUINOA was sacred and
called it 'the mother grain'. QUINOA was the main source of high
quality
protein and believed to be the reason why Inca warriors were so
powerful...
archeobotanists have sifted through the debris of ancient villages, and
8 or 9 millennia ago in the Lake Titicaca region, Indians started
transforming
QUINOA from a wild plant to a cultivated grain crop."
But quinoa was never "lost" at all. Andean
indigenous
peoples continue to develop, utilize, and conserve quinoa while the
North
uses intellectual property systems to steal varieties like Apelawa.
Quinoa has a bitter seed coat that is believed to
contribute
to the plant´s insect resistance. But researcher in the U.S. are
also trying to develop varieties without the bitter seed coat, giving
rise
to fears that their new varieties of quinoa will require expensive
pesticides.
University of Mississippi
For patenting the use of the Indian medicinal
(and food)
plant tumeric. In US patent 5,401,504, two University of Mississippi
scientists
patented what Indians have known for ages that if tumeric based
formulations
are applied to wounds, they will heal faster. "Another blatent example
of biopiracy," says Vandana Shiva. Tumeric is known as "haldi" in India
where it is one of many preparations used in the Ayurveda medical
system.
Tumeric (Curcuma longa) is the dried root of a
plant
similar in size and related to ginger. India is the world's leading
producer
of tumeric, although it is also grown commercially in Peru, Haiti and
Jamaica.
India's Council for Scientific and Industrial
Research
has announced that it will challenge the patent.
National Institutes of Health and New York
University
For patenting four botanical traditional medicine
remedies
and their use in HIV and tumor therapy. NIH is now trying to sell the
rights
to its patents so they can be commercialized. NIH and New York
University's
patents include:
US patent no. 5,484,889 which claims a protein
purified
from bitter melon (Momordica charantia) fruit or seed, and its
synthesis
in a lab. Bitter melon fruit has been used in China and southeast Asia
for centuries as an anti-infection and anti-tumor agent, and also as an
immunomodulator, according to New York University (NYU). Sylvia
Lee-Huang,
a NUY biologist and the first "inventor" listed on the patent, remarks
candidly that bitter melon is "very widely eaten in the Chinese
community
for health reasons." Even the fruit's anti-HIV properties were widely
known
before NIH and NYU patented it: HIV positive patients in the United
States
eat bitter melon extract as an anti-HIV therapy. In Los Angeles there's
even a "Bitter Melon Therapy Group."
Another botanical remedy patented by NIH and NYU
is Trichosanthes
kirilowii. According to Lee-Huang it "has been used in China for
many,
many years... and is well known for its therapeutic effect in ovarian
cancer
and trophoblastic tumor, as well as against viral infection..." In
Chinese,
its common name means "the powder from the flower from the Gods." It
may
be from the Gods, but the patent grants NIH and NYU exclusive monopoly
on a protein purified from the plant's root tuber, or its production in
a lab.
US patent no. 5,317,009 covers extract from both
Dianthus
caryophyllus and Gelonium multiflorum, natural and synthesized.
Dianthus
caryophyllusis is commonly known as the carnation. According to
Lee-Huang,
Indigenous Peoples in North America have long used the leaves of
Dianthus
as a treatment for cuts or infections. Gelonium multiflorum originates
in the Himalayan mountains, where it's known as the "heavenly fruit."
"So now we don't have to try so hard to go to the
Himalayas
to get the seeds, or to China to get the bitter melons," Lee-Huang told
a biotech industry magazine. "We can use recombinant technology to
produce
them in our labs in large amounts. And our recombinant proteins are as
active as the natural protein."
New York Botanical Garden
For pilfering samples of the South's biodiversity
from
Northern botantical gardens on behalf of the drug industry. Working as
a proxy for Pfizer Pharmaceuticals and the U.S. National Cancer
Institute,
NYBG is presumptuously positioning itself to be a major broker of the
South's
biodiversity. NYBG's employees piously point out the "critical
importance"
of "intellectual property rights, access rights [and] reciprocity
issues";
but then conveniently ignores these issues by trying to ferry thousands
of tropical plants from Northern botanical gardens to the
pharmaceutical
industry. NYBG's botanical gardens deals mock the Convention on
Biological
Diversity by containing nary a whisper about the rights the garden
publicly
holds to be so important.
Special Endorsement: "The 'Will' Clinton
Procrastination
Trophy"
While helping the Fairchild Tropical Garden
(Miami, USA)
recover from Hurricane Andrew, NYBG researchers clipped plant samples
from
Fairchild's extensive collection and then provided them to the US
Cancer
Institute. This "buried treasure" was collected, transferred, and
tested
without any material transfer agreement, potentially leading to major
headaches
(and ripoffs) if the samples ever prove to be useful to the
pharmaceutical
industry. NYBG's "worry about it tomorrow" approach to benefit sharing
merits the special recognition of the "Will" Clinton Trophy for
distinquished
procrastination.
Sally Fox
For pirating coloured cotton varieties developed
and
nurtured by indigenous peoples in the Americas.In the late 1980s, Sally
Fox scooped up two Plant Variety Protection Certificates in the United
States for coloured cottons she freely admits were the genius of "the
ancient
peoples of the Americas." Fox, at that time an entomology student at
UC-Riverside
in California, came across coloured cotton strains in Central America.
Recognizing the market potential for naturally coloured jean fabrics,
Fox
collected additional strains from South America and set about making
them
suitable for commercial spinning. Fox now has contracts with major
American
manufacturers for her environmentally friendly, if stolen cottons.
Special Endorsement: "The In Your Face
Certificate."
For acknowleding her appropriation of indigenous
knowledge
and using this acknowledgement as a marketing ploy, the Coalition
awards
Sally Fox the "In Your Face" award.
Pfizer Pharmaceuticals
For Pfizer's insatiable hunger for the genetic
resources
of the South. Pfizer is "prospecting" on at least three continents. As
one example, in China Pfizer is relying exclusively on traditional
medical
practices to identify potential pharmaceuticals, hoping in the process
to appropriate thousands of years of innovation by the Chinese people.
Special Endorsement: "The William Walker
Certificate"
For a proposed deal that aims at nothing short of
acquiring
exclusive access to each and every plant in the mountains, rainforests
and coastal ecosystems of Ecuador at a total price less than US $1
million.
For this shameful attempt to corner the plant diversity tended by
dozens
of distinct peoples and countless generations, the Coalition bestows on
Pfizer a certificate named after the US mercenary who had himself
installed
as president of Nicaragua.
Shaman Pharmaceuticals
For brazenly dredging the public domain for
"patentable"
information about indigenous peoples' medicinal plants. Not content to
merely patent a South American plant with widely known medicinal
properties
(Sangre de Drago), Shaman has embarked upon an intensive study of
ethnobotanical
leads in published articles and papers with hopes of "discovering" yet
more "patentable" materials.
Special Endorsement: "The Forked Tongue
Platter"
As Shaman has repeatedly promoted the notion that
it will
contribute to local development by promoting demand for pharmaceutical
ingredients, yet has recently purchased fermentation technologies from
the German transnational Bayer that would potentially reduce Shaman's
own
need to purchase plants from local suppliers. Thus the Coalition
bestows
upon Shaman the coveted Forked Tongue Platter.
University of Toledo
For blatent theft of generations of research by
Ethiopian
scientists.
In 1990 Ethiopian scientist Aklilu Lemma was
offered
an honorary doctoral degree from the University of Toledo for his
development
of the Ethiopian endod plant ("soapberry") as a possible cure for
schistosomiasis.
While in Ohio, Lemma demonstrated that the endod plant would also
destroy
the zebra mussels which cause US $5 billion damage each year to the
Great
Lakes. Four months later, the University of Toledo applied for a patent
in its own name. Ethiopian research on endod began centuries ago when
mothers
found that endod protected their children playing in the water.
Ethiopian
scientists devoted 19 years to testing endod before Toledo's patent was
granted.
Special Endorsement: "Marie Antoinette
Napkin Ring"
For offering to license Ethiopians their own
technology.
Early in 1995, the president of the University of Toledo advised
Ethiopian
scientists that they could buy a license to continue their own research
on endod for a generous US $25,000. For an outstanding contribution to
the "let them eat cake" modality of North-South cooperation, the
Coalition
grants the University of Toledo the Marie Antoinette Napkin Ring.
University of Wisconsin
For the patenting of a natural sweetener from
Gaban.
Stumbling around West Africa researching primate
behaviour,
Wisconsin scientist noticed that people in Gaban enjoyed eating berries
from the Pentadiplandra brazzeana, known locally as "J'oublie" or "I
forget."
Guided by "scientific intuition" that "there was something of value
there,"
Hellenke returned to Wisconsin, identified the source of the sweetness
and patented it. The University of Wisconsin has expressed confidence
that,
by licensing the patent to the private sector, heat stable brazzeana
can
make inroads in the US$100 billion a year sweetener market. As for the
debt to the people of Gabon: their contribution has been conveniently
forgotten.
Special Endorsement: "The Ostrich Cup"
For the claim made by the head of the technology
transfer
office that the natural sweetener found in the berries is an
"invention"
of the university's research that "has no connection to Gabon,"
theCoalition
awards the Ostrich Cup.
To suggest other potential nominees, please
contact:
The Coalition Against Biopiracy
c/o The Indigenous Peoples' Biodiversity Network
304-200 Isabella St, Ottawa, Ontario, Canada K1S
1V7
Tel: (613) 237 5361; Fax: (613) 237 1547
E-mail: ipbn@web.apc.org
|