Biopiracy expanding and threatening, irredeemable in the status quo
Rotzin ’24 (J.D., University of California, College of the Law, San Francisco & Contracts Officer for the Strategic Partnerships Office of Lawrence Berkeley National Laboratory with United States Department of Energy, TODAY'S PIRATES: BIOPIRACY, BIOTECH, AND THE INTERNATIONAL FRAMEWORKS THAT ARE NOT UP TO THE CHALLENGE, Sci & tech journal, https://heinonline.org/HOL/LandingPage?handle=hein.journals/hascietlj15&div=4&id=&page= )
In the past, the focus of biopiracy has been on corporations taking the knowledge of Indigenous groups for commercial purposes, but the new pio-neers of biopiracy are different and require different controls. Many of these corporations, which were once spread out and diversified, are merging to create super-conglomerates, which carry knowledge and thousands of patents with them, making it harder not only for Indigenous people to retain their knowledge and break into the market but to even launch a successful campaign against the corporations at all.7 4 In 2019, PepsiCo sued a potato farmer, Haribhai Devjibhai Patel, from the Western Indian province of Gu- jarat for planting a patented potato variety called FC5. 75 PepsiCo sued for 140,000 USD; Patel makes 3,500 USD a year.76 The suit was dropped after protests from Indian farmers, but there are still major international concerns about the patent power held by large corporations and their control over the future of farming freedom.7 7 The concern is not misplaced either. Four players control 50% of the seed business - Bayer, Corteva, ChemChina, and Limagrain.7 8 Many major seed producers place limits on how farmers can use varieties they purchase. 79 Buyers must sign agreements that prohibit them from saving or using the seeds again the next season or producing derivatives. 80 This forces them to return to the major corporations every year to purchase seeds and creates an unwilling reliance on the seed giants for continued existence. 81 For example, in India over 80% of all cotton grown is Monsanto GMO Bt cotton, which was introduced in 2002.82 In perhaps an ironic turn of events, many grassroots movements are further alleging that not only are super-corporations the problem, but billionaire moguls like Bill Gates, who is claimed to be leading the way in seed piracy, agro-neocolonialism, and the spread of unsustainable farming technology. 83 The Green Revolution, which began in the early 1960s, pushed for the production of more food via advanced farming methods, genetically modified crops, and pesticide use, but was also the backdrop for Indigenous seeds (specifically in Mexico and India) to be taken and placed into international seed vaults.8 4 After the seeds were removed, they were replaced with chemical monocultures of wheat, rice, and other grains - the Indigenous populations had no say or choice in the matter. 85 The impact ofthis was significant, causing a loss "of distinct Indigenous crops from cultivation and also . . . extinction." 86 This is especially relevant since in the 20th Century, 75% of agrobiodiversity has been lost and seed diversity is paramount to restoration 87