Politics &Politics &Ideology of Intellectual Ideology of Intellectual

PropertyProperty

““The Role of Civil Society”The Role of Civil Society”

20 – 21 March 200620 – 21 March 2006BrusselsBrussels

Hotel RenaissanceHotel RenaissanceOrganized by Transatlantic Consumer DialogueOrganized by Transatlantic Consumer Dialogue

An Action Aid study (1999) lists in two tables An Action Aid study (1999) lists in two tables patents that have been claimed for naturally patents that have been claimed for naturally occurring compounds, genes or gene sequences occurring compounds, genes or gene sequences with a variety of functions. They include:with a variety of functions. They include:

i) 62 patents on genes or natural compounds from i) 62 patents on genes or natural compounds from plants which are traditional grown in developing plants which are traditional grown in developing countries. The plants include rice (34 patents), countries. The plants include rice (34 patents), cocoa (7), cassava (2), millet (1), sorghum (1), cocoa (7), cassava (2), millet (1), sorghum (1), sweet potato (2), jojoba (3)sweet potato (2), jojoba (3)

ii) 132 patents on genes in staple food crops which ii) 132 patents on genes in staple food crops which originated in developing countries but which are originated in developing countries but which are now grown globally. The crops include maize (68 now grown globally. The crops include maize (68 patents), potato (17 ) soybean (25) and wheat patents), potato (17 ) soybean (25) and wheat (22)(22)

Case of Canadian farmer Percy SchmeiserCase of Canadian farmer Percy Schmeiser

Pollen from a neighbour’s GE canola fields Pollen from a neighbour’s GE canola fields and seeds that blew off trucks on the way and seeds that blew off trucks on the way to processing plant ended up to processing plant ended up contaminating Percy’s fields with contaminating Percy’s fields with Monsanto’s geneticsMonsanto’s genetics

Canada’s Supreme Crt held that Percy had Canada’s Supreme Crt held that Percy had technically infringed Monsanto’s technically infringed Monsanto’s patents….although he did not have to pay patents….although he did not have to pay penalties……it costs him $400 000penalties……it costs him $400 000

Center of Food Safety (2005) based in Center of Food Safety (2005) based in Washington reports that Monsanto has filed Washington reports that Monsanto has filed lawsuits against 147 American farmers and lawsuits against 147 American farmers and the company has a staff of 75 devoted solely the company has a staff of 75 devoted solely to investigating and prosecuting farmersto investigating and prosecuting farmers

The report expressed concern that in its quest The report expressed concern that in its quest to be the source for staple crop seeds in the to be the source for staple crop seeds in the US and around the world, the company will US and around the world, the company will overturn centuries old farming practices overturn centuries old farming practices through lawsuitsthrough lawsuits

““Gene Patent Rush”Gene Patent Rush” Guardian (2000) reported after studying 40 patent Guardian (2000) reported after studying 40 patent

authorities worldwide that patents were pending authorities worldwide that patents were pending on or had been granted on more than 500 000 on or had been granted on more than 500 000 genes and partial sequences in living organism. genes and partial sequences in living organism.

20 % of human genes have been patented in US, 20 % of human genes have been patented in US, primarily by private firms and universities primarily by private firms and universities

Basel based biotechnology giant Syngenta claims Basel based biotechnology giant Syngenta claims that it that it inventedinvented more than 30 000 gene more than 30 000 gene sequences of rice…..more than 99.5% of the rice sequences of rice…..more than 99.5% of the rice genome and is seeking global patents over genome and is seeking global patents over thousands of genes in rice. “……..the thousands of genes in rice. “……..the multinational giant is all set to “own” rice, the multinational giant is all set to “own” rice, the world’s most important staple food cropworld’s most important staple food crop(Sharma (2005), Third World Resurgence)(Sharma (2005), Third World Resurgence)

““Owning the Future”Owning the Future”

Shulman (1999)Shulman (1999)

““Gold Rush in the idea economy”Gold Rush in the idea economy”

““As ideas, concepts, blueprints and codes become the As ideas, concepts, blueprints and codes become the most sought after commodities in our new knowledge-most sought after commodities in our new knowledge-based economy, people are hoarding, fighting over and based economy, people are hoarding, fighting over and seeking to control them as never before”seeking to control them as never before”

““the current trajectory promises nothing less than an the current trajectory promises nothing less than an uncontrolled stampede to auction off our technological uncontrolled stampede to auction off our technological and cultural heritage, a future of increasing conflict and and cultural heritage, a future of increasing conflict and dissension, and the specter of an ominous descent into a dissension, and the specter of an ominous descent into a new Dark Age”new Dark Age”

IP PRESSURE POINTSIP PRESSURE POINTS

TRIPS Agreement : minimum standardsTRIPS Agreement : minimum standards

few developing countries were involved in negotiationsfew developing countries were involved in negotiations Resistance to inclusion within WTOResistance to inclusion within WTO Gave in because of market access in agricultureGave in because of market access in agriculture no country really understood implicationsno country really understood implications

World Intellectual Property Organization (WIPO) World Intellectual Property Organization (WIPO) standard setting exercisesstandard setting exercises

Bilateral Free Trade Agreements & other bilateral Bilateral Free Trade Agreements & other bilateral pressurespressures

How is it being sold….How is it being sold….

Extensive IP regimes sold to Extensive IP regimes sold to developing countries by linking it to developing countries by linking it to trade.trade.

Strong IP protection leads toStrong IP protection leads to technology transfertechnology transfer foreign direct investmentforeign direct investment innovationinnovation

Civil SocietyCivil Society very important role very important role

increase understanding about IP and its impacts such as on increase understanding about IP and its impacts such as on essential goods such as medicines, educational materials, and essential goods such as medicines, educational materials, and on development through papers, publications, workshops, on development through papers, publications, workshops, seminars, media….. seminars, media…..

On the issue of Access to Medicines, groups such as CPTech, HAI, On the issue of Access to Medicines, groups such as CPTech, HAI,

MSF and others launched a campaign and brought out information MSF and others launched a campaign and brought out information about the tax payers contribution to drug development, drug about the tax payers contribution to drug development, drug pricing, its relationship to patents, about the use of compulsory pricing, its relationship to patents, about the use of compulsory licenses………stressing the need to prioritize health over licenses………stressing the need to prioritize health over commercial interests.commercial interests.

to counter myths/fallacies about IP……to counter myths/fallacies about IP…… exposing the hypocrisy of the developed countriesexposing the hypocrisy of the developed countries

e.g. Access to Medicines campaign revealed that flexibilities such e.g. Access to Medicines campaign revealed that flexibilities such as compulsory licensing were used frequently by developed as compulsory licensing were used frequently by developed countries, but the developed countries were preventing developing countries, but the developed countries were preventing developing countries from making use of these provisions. countries from making use of these provisions.

Civil SocietyCivil Society

is an influential voice for developing countriesis an influential voice for developing countries the momentum built from the Access to Medicines the momentum built from the Access to Medicines

campaign calling for the need to prioritize health over campaign calling for the need to prioritize health over commercial interests, gave a strong voice in support of commercial interests, gave a strong voice in support of a proposal in the WTO by a large group of developing a proposal in the WTO by a large group of developing countries that were also pushing for the countries that were also pushing for the same…..leading to the Doha Declaration on TRIPS and same…..leading to the Doha Declaration on TRIPS and Public Health in 2001 Public Health in 2001

highlight issues that are essential to developing highlight issues that are essential to developing countries, forcing international community to countries, forcing international community to address these issuesaddress these issues

epidemic of biopiracyepidemic of biopiracy patenting of life forms patenting of life forms

Campaign: BiopiracyCampaign: Biopiracy

Companies are being granted patents for products, technologies that Companies are being granted patents for products, technologies that make use of the GR, plants that have been identified, developed and make use of the GR, plants that have been identified, developed and used by local communities and indigenous people mainly in countries used by local communities and indigenous people mainly in countries from the Southfrom the South

……..companies make huge profits but the local communities are ..companies make huge profits but the local communities are unrewarded….and face the threat of having to buy these products in the unrewarded….and face the threat of having to buy these products in the futurefuture

the injustice of the system……fought at all levels by farmers, indigenous the injustice of the system……fought at all levels by farmers, indigenous people and public interest groupspeople and public interest groups

RAFI, GRAIN, TWN have worked to raise general awareness of the RAFI, GRAIN, TWN have worked to raise general awareness of the phenomenon of “biopiracy”phenomenon of “biopiracy”

Many cases of biopiracy have been identified and documented by NGOs. Many cases of biopiracy have been identified and documented by NGOs. e.g. a publication by the Edmonds Institute and Africa Center for e.g. a publication by the Edmonds Institute and Africa Center for Biosafety documented after a month’s research possible cases of Biosafety documented after a month’s research possible cases of biopiracy in Africabiopiracy in Africa

There is a strong push by the developing countries supported by civil There is a strong push by the developing countries supported by civil society organizations within the CBD, WIPO and the WTO to take steps to society organizations within the CBD, WIPO and the WTO to take steps to deal with this problem of biopiracy.deal with this problem of biopiracy.

Campaign: BiopiracyCampaign: Biopiracy

In Washington in September 1995, more than 200 In Washington in September 1995, more than 200 organisations from 35 countries filed a petition at the organisations from 35 countries filed a petition at the USPTO calling for the revocation of a patent given to W R USPTO calling for the revocation of a patent given to W R Grace company to use a pesticide extract from the neem Grace company to use a pesticide extract from the neem tree. tree.

They argued that the company has wrongfully usurped an They argued that the company has wrongfully usurped an age-old biological process used by millions of farmers in age-old biological process used by millions of farmers in India and other countries for generations. The legal India and other countries for generations. The legal challenge was led by the US group Foundation on Economic challenge was led by the US group Foundation on Economic Trends led by Jeremy Rifkin, with other key petitioners Trends led by Jeremy Rifkin, with other key petitioners being the Research Foundation for Science, Technology and being the Research Foundation for Science, Technology and Natural Resources Policy (RFSTNRP) and the Karnataka Natural Resources Policy (RFSTNRP) and the Karnataka Farmers' Union (both from India), the International Farmers' Union (both from India), the International Federation of Organic Agriculture Movements (IFOAM), and Federation of Organic Agriculture Movements (IFOAM), and the TWN. the TWN.

Campaign: BiopiracyCampaign: Biopiracy

In Brussels another legal petition was filed in June 1995 at the In Brussels another legal petition was filed in June 1995 at the EPO against a patent it had granted to W R Grace for a EPO against a patent it had granted to W R Grace for a method that extracts the neem oil for use in controlling fungi method that extracts the neem oil for use in controlling fungi on plants. on plants.

The three opponents, European Member of Parliament Magda The three opponents, European Member of Parliament Magda Alvoet, Indian scientists Vandana Shiva of the RFSTNRP, and Alvoet, Indian scientists Vandana Shiva of the RFSTNRP, and IFOAM President Herve la Prairie, argue that the patent was IFOAM President Herve la Prairie, argue that the patent was wrongly given as the claims for the technique lacked novelty, wrongly given as the claims for the technique lacked novelty, inventiveness and clarity. inventiveness and clarity.

The petition argued that the invention is not new as the The petition argued that the invention is not new as the patented method for extracting neem oil is a standard method patented method for extracting neem oil is a standard method used for many decades, whilst the anti-fungi effects of neem used for many decades, whilst the anti-fungi effects of neem oil have been known in India for centuries and thus cannot be oil have been known in India for centuries and thus cannot be considered a 'discovery' as claimed by the company. considered a 'discovery' as claimed by the company.

Campaign: No Patents on Life Campaign: No Patents on Life FormsForms

Issue: patenting of plants, seeds and the sui generis plant variety Issue: patenting of plants, seeds and the sui generis plant variety protection leading to corporate control over food supplyprotection leading to corporate control over food supply

Corporate mergers and broad patenting rights has led ……to top 10 Corporate mergers and broad patenting rights has led ……to top 10 seeds companies controlling 30% of the world’s commercial seed seeds companies controlling 30% of the world’s commercial seed market.market.

Traditional farming practices of exchanging, reusing, selling seeds Traditional farming practices of exchanging, reusing, selling seeds are threatened and farmers are being suedare threatened and farmers are being sued

NGO campaigns prevented many developing countries to sign on to NGO campaigns prevented many developing countries to sign on to UPOV 1991 that is harmful to their small farmers…..but that UPOV 1991 that is harmful to their small farmers…..but that developed countries were (and are still) pressuring developing developed countries were (and are still) pressuring developing countries to adopt. countries to adopt.

Dec ’97….BIOTHAI and GRAIN together with 40 over NGOs from Dec ’97….BIOTHAI and GRAIN together with 40 over NGOs from Africa, Asia, Latin America got together to discuss strategies to Africa, Asia, Latin America got together to discuss strategies to counter patents on life forms…outcome: Thammasat Resolution counter patents on life forms…outcome: Thammasat Resolution which called for the revision of the TRIPS Agreement and asserted which called for the revision of the TRIPS Agreement and asserted the primacy of the CBDthe primacy of the CBD

Overall Impact of Civil SocietyOverall Impact of Civil Society

…………besides resisting the expansion of the IP system in besides resisting the expansion of the IP system in the different tracks….. the different tracks…..

Campaigns have created awareness that there are Campaigns have created awareness that there are problems with the system as it is currently dogmatically problems with the system as it is currently dogmatically pursued…..leading topursued…..leading to

strong calls to evaluate the system particularly in the strong calls to evaluate the system particularly in the developed countries, the WTO and WIPOdeveloped countries, the WTO and WIPO

emphasis on protecting the public domainemphasis on protecting the public domain emphasis on balancing the private and public interestemphasis on balancing the private and public interest emphasis on fact that this one system may NOT suit all emphasis on fact that this one system may NOT suit all

countries, the different communities….& each should countries, the different communities….& each should have the policy space to determine and design its own have the policy space to determine and design its own system…depending on its needs. system…depending on its needs.

Thank youThank you