Ethical concerns

The unethical acquisition of biological resources or traditional knowledge can damage trust and cooperation between researchers and communities, hindering collaborative efforts that could otherwise benefit both scientific discovery and conservation efforts.

Notorious examples of biopiracy relate to medicinal plants and the ancient traditional knowledge related to them.

Indians have shared the knowledge of the fungicidal properties of the neem with the entire world, however, the (EPO) decided to grant a to WR Grace and the Department of Agriculture of the USA for a method for controlling fungi on plants by the aid of a hydrophobic extracted neem oil. A legal opposition was filed by India against the grant of the patent, and the patent was then revoked.

Ayahuasca, an Amazonian plant that has been used by religious leaders for generations to treat sicknesses, contact spirits and foresee the future, was protected by a filed by Loren Miller, an American scientist and entrepreneur. The patent was revoked after the request of the indigenous peoples of Ecuador, but Miller filed for an appeal and the patent was reinstated for its remaining life span.

The food giant Nestlé claimed to have invented stomach soothing use of Nigella sativa to prevent food allergies. However, Nigella sativa is an ancient food and medicinal crop, which has been used to treat digestive ailments for hundreds of years and which is mentioned in the written traditional medicinal texts of major civilizations like the Ayurveda. The was never granted.

The need to protect innovation must be balanced with the ethical obligation to safeguard biodiversity and indigenous rights. Biopiracy poses a significant threat to biodiversity and the granting of exclusive rights for biological resources or traditional knowledge without adequate examination or consideration can hinder the ability of the communities to benefit from their own resources.