Multiple instances of genetic bioporacy enabled by IP protection (basically every single instance was patented) - Blood Quantums, genetic engineering, agriculture and crops, etc.

Evidences on Patenting of Genetic Knowledge :- The object of developing intellectual property rights is that it shall encourage innovations by initiating competition in different fields of research. But the evidences in the domain of genetics suggests that it can restrict the innovations and further create monopolies in this field. This has definitely raised the cost of several biomedical products based on genetic knowledge. Some of the significant evidences relating to biopiracy of genetic resources are described as under: ● In the year 1999, a pharmaceutical giant corporation Myriad Genetics developed a biomedical kit to diagnose breast cancer. This kit employed two human breast cancer susceptible genes BRCA 1 and BRCA 2. The corporation impelled to develop a monopoly in the native region by compelling the local patients to be diagnosed only through their kit at their own high costs. The Myriad Genetics obtained several patents for its genes capable of detecting human breast cancer that include US Patent No. 5,709,999, and US Patent No. 5,693,473 (Gold and Carbone, 2010). ● The development of genetically engineered Tracy sheep was for the isolation and commercialization of human blood clotting agent called as AAT or Alpha-1 Antitrypsin within its mammary glands. Tracy sheep is another evidence of biopiracy of genetic knowledge. The pharma giant companies PPL and Bayer obtained US Patent No. 5,476,995 for the technique of developing Tracy and its successive generations (GRAIN, 1998). The genetically transformed sheeps were regarded as bioreactors that were exploited for generating human blood-clotting protein. ● In the year 1997, the cloning of Dolly sheep was carried out, that was granted two patents as WO 9707668 and WO 9707669 to its innovator i.e. Roslin Institute (Mooney, 1996). The object of such cloning was to investigate different human diseases via such cloned animals for human welfare. But it was the opinion of several environmentalists that this type of selective animal cloning might bring imbalance in the environment that can be hazardous. ● In the year 1976, John Moore spleen was isolated by a surgeon and his spleen cell lines were used for developing special protein. These cell lines were named as Mo Cell lines patented as US Patent No. 4,438,032 and commercialized for billions of dollars (Glasner, Atkinson and Greenslade, 2017). However, the original source of this patent i.e. John Moore was ignorant about this fact that his spleen cells generated huge income. When Moore came to know about this incident he approached the Supreme Court of California to object. However, the court decided that as the spleen was isolated from the body, therefore, the rights of John Moore declined. ● One of the largest populations of the carrier of the HIV infection is present in the African region (WHO, 2019). In the year 1991 Pasteur Institute located in Paris obtained a patent with US Patent No. 5,019,510 for claiming discovery of HIV (Wain-Hobson et al., 1991). Various researchers from different parts of the globe have isolated samples from the blood and saliva of the people from this region without any prior permission from the people or native authorities. These samples were used to isolate and study DNA. This helped to develop effective drugs against the HIV infection. The biopiracy of the genetic knowledge of the African people for HIV research could be termed as immoral. Several drugs have been manufactured against HIV infections using the genetic information of the African people. The cost of these HIV drugs is very high and beyond the purchasing capacity of the African people. However, the drugs that have been prepared by the contribution of African people are not even available to them at cheaper rate. In fact the African people are not provided with any benefit instead they were exploited. ● The Biopiracy of the blood samples of the Icelandic people was in the news headlines. It has been reported that there has been rarely any migrations in the region of Iceland since the historic times and therefore the genetic knowledge of the people of this region has been preserved. The deCODE corporation by duping the people of Iceland isolated their genetic information. In the year 1990, this corporation was of the view of developing the world’s first Biobank based on the genetic information of the human population (Tutton, 2010). The corporation was of the view to establish a database of genetic information of the human population. It was proposed by the deCODE corporation that the genetic database of Icelandic people will be quite useful in treating incurable diseases like HIV and cancer. However, in the year 2013, the services of the deCODE Corporation were stopped. ● The West African plant Amelonado spp. is a variety of cocoa plant that has a distinct flavour. The Mars Corporation of the United Kingdom obtained patents in the United States as US Patent No.5,770,433 and US Patent No. 5,668,007 for the genes of this plant and producing a similar plant variety bearing cocoa flavour (GeneWatch, 2000). The patents were especially obtained by the Mars Corporation for restricting the export of this plant from the West African nations that will hinder their national income. ● A US-based corporation POD-NERS biopirated Mexican Enola beans and obtained a US Patent No. 5,894, 079 (Nottenburg, 2009). The yellow Enola beans were created from the Enola bean variety of Mexico by this corporation by using genetic plant breeding practices and further subjected it to patent. Thus by mere manipulation of genetic knowledge the biopiracy of Enola beans was committed. ● The biopiracy of Bt or Bacillus thuringiensis gene is yet another evidence of biopiracy of genetic knowledge that is hazardous to mankind and the environment. It is well known that Bacillus thuringiensis commonly persists in the soil microflora. It excretes a protein that can inhibit various insects. This characteristic of Bt was utilized byinserting the Bt genes through genetic engineering. The crops created through Bt genes include Bt-cotton, Bt-soybean, Btpotato etc. (Guillemaud, Lombaert and Bourguet, 2016). ● In Asian countries like India, several incidences of biopiracy with respect to plant genetic resources has been reported. The biopiracy of Basmati rice by Rice Tec Inc. of the USA is one of the leading cases. The Rice Tec Inc. obtained a patent for an Indian origin rice variety i.e. basmati and patented it as US Patent No. 5,663,484 (Siddiq, Vemireddy and Nagaraju, 2012). Moreover, the corporation renamed the basmati rice variety after patenting, as Texmati. The main object of this corporation was to establish a monopoly on the variety of rice lines of basmati rice. However, after several protests by the Indian government and by providing various evidence on its origin in India, the patent on basmati rice was revoked.