The rise of biopiracy in the PHL: Why we have everything to lose

In recent years, piracy has taken on a more ominous—and high tech—edge than the cutthroat buccaneers of yore.

 

Today's high-tech pirates are after things worth far more than any gold or diamonds: they're stealing plants, animals, micro-organisms and scientific knowledge—potentially worth billions of dollars in profits.

 

Biopiracy—the illegal acquisition of indigenous knowledge, genes, animals, plants and other biological materials in order to capitalize on them—not only denies Filipinos access to medicines that are, in many cases, literally at our fingertips; it also denies us a share in the profits that these rake in elsewhere. 

 

Sadly, the Philippines has long been a victim of biopiracy and the government has only now started to fight against it.

 

Biopiracy at work

 

 

Dr. Baldomero Olivera is a Filipino scientist who studied cone snail toxins, leading to the discovery of the non-addictive painkiller Zicotonide in the 70's. 

 

Olivera tried to ask a biotechnology company if they would be donating some of the proceeds from the drug to the Philippines, but he said nothing came out of the talks.

 

Dr. Lourdes Cruz, a national scientist and Olivera's partner on the study, said that the discovery did not have a patent.

 

"Matagal din 'yung discovery. It took about 20 years, so kung (na-patent man noon), tapos na 'yung patent," said Cruz.

 

A Barcelona-based non-government organization Genetic Resources Action International (GRAIN) said that Olivera and Cruz's case is not just the only case of biopiracy in the Philippines.

 

Here are some other things that Pinoys take for granted but are now owned by foreign concerns: nata de coco, ilang-ilang-based perfume, a banaba-derived anti-diabetic drug, local specimens of eggplant and ampalaya—all have been patented abroad.

Government measures
 

Fortunately, the government  has already started to clamp down on biopirates.

 

For one, the Philippines has Republic Act 9147 or the Wildlife Resources Conservation and Protection Act penalizing the collection and possession of wildlife and its by-products and derivatives. However, it does not fully address the problem on biopiracy.

 

Theresa Mundita Lim, the head of the Biodiversity Management Bureau of the Department of Environment and Natural Resources (DENR-BMB), said that if the case of Olivera and Cruz had happened today, it may have been prevented because we already have policies against violators of intellectual property rights.

 

"Mayroon na tayong mga policies na sinet-up, but then again, for us to be able to effectively implement it, hindi lang dapat aware lahat ng kababayan natin para kasama rin natin sila sa pagbabantay sa mga resources na ito.

Misconception on patents

Another way to protect the rights of the scientists and their discoveries is to file patents. Patents are exclusive rights granted by the government for a product, process to exclude others from using, making and/or selling the invention within 20 years.

However, not everyone understands how patents work.
 

"Isa rin kasing misconception ng mga scientist natin ay kapag mayroon ka nang patent sa Pilipinas, mayroon ka na ring patent sa ibang bansa. Kung gusto mong maprotektahan din ang iyong invention sa ibang bansa, kailangan mo ring mag-file ng patent kung saang bansa mo man gustong protektahan ang iyong invention," said Caezar Arceo of the National Research Council of the Philippines. 

 

In the Philippines, patents are applied through the Intellectual Property Office (IPOPHIL).

 

"We have what we call PCT (Patent Cooperation Treaty) na madali nang mag-file kahit na almost 200 countries na kasama rito. Di na kailangang lumabas ng Pilipinas, dito ka na magfa-file sa Pilipinas," said Atty. Ricardo Blancaflor of the IPOPHIL.

 

Blancaflor added that at least 69 universities all over the country have their own intellectual property system which assures the scientists, researchers and inventors that their rights will be protected.

 

Biodiversity, blessing and bane
 

When it comes to biopiracy, the Philippines' blessing and bane is its rich biodiversity: the sheer abundance of local flora and fauna—to say nothing of indigenous knowledge—make for practically unlimited resources that are difficult if not impossible to keep track of in their entirety.

"Wala pa tayong proper audit ng lahat ng mga biological materials na mayroon tayo sa Pilipinas," Arceo said.

 

But Blancaflor said the government is on its way for an inventory of natural resources and indigenous knowledge.

 

"Once maregistrate tayo diyan, [parang sinasabi na natin sa buong mundo na], 'Sandali lang. Bago kayo mag-process, tignan niyo muna at baka (dito galing yan) sa Pilipinas]," he said.

 

The Nagoya Protocol

 

Experts say that the Nagoya Protocol, which was set up in 2010 and of which the Philippines is not yet a signatory, may be the best way to address biopiracy in the country.

 

The Nagoya Protocol is an agreement by various countries which provides a transparent legal framework to implement "the fair and equitable sharing of benefits arising out of the utilization of genetic resources," one of the objectives of the UN Convention on Biological Diversity.

 

Countries that signed the agreement are tasked to ensure fair and equitable benefit-sharing, keeping in mind of the laws and procedures and customary use and exchange of genetic resources and biological materials held by indigenous and local communities.

 

Cooperation needed among PHL scientists

 

Perhaps one of the most effective weapons against biopiracy is one of the relatively easiest to implement: camaraderie and "bayanihan".

 

Olivera suggests that senior scientists should advise younger researchers on protecting their discoveries.

 

"If there were good communication between young Filipino scientists... and some kind of reasonably knowledgeable scientific group within the Philippines, then I think one can be proactive and protect it and make sure that the Philippines earned a stake at a very early stage," he said. — With Jan Meynard Nualla/TJD, GMA News