Tuesday, 16 May 2017

Biopiracy: the role of the national IP

In Peru, the National Institute for the Defense of Competition and the Protection of Intellectual Property (IDECOPI), has also the role of the president of the National Commission against Biopiracy.
Image result for macaINDECOPI working to defend the Peruvian biological resources works together with the Ministry of Foreign Affairs of Peru to defend abroad, cases of biopiracy. Up to today there are 9 pending cases of biopiracy in favour of Peru, i.e. the state has intervened in other IPO offices to stop the granting of a patent which is based on Peruvian biological products.

This year alone, there have been 7 oppositions (the other 2 were dealt with last year) filed against applications against the following patent applications:

Philippines IPO
• A composition for enhancing male libido (PH 2015000586U), referring to a pharmaceutical composition comprising the combination of extracts of aphrodisiac plants selected from Maca (Lepidium meyenii), Huanarpo Macho I (Jatropha macrantha), Huanarpo Macho II (Corynaea crassa) And Chuchuhuasi (Maytenus laevis). Said composition is used in the treatment of sexual dysfunction in men.
• A formulation for female breast and buttocks enhancement (PH 2015000587U), referring to a pharmaceutical composition comprising the combination of extracts of Aguaje (Mauritia flexuosa) and Maca (Lepidium meyenii), to enhance and favour female attributes.
People's Republic of China IPO
• (CN 201610791732), referring to a composition comprising extracts of maca (Lepidium meyenii) and cistanche, to be used as an energizer.
• (CN 201610618712), which relates to a composition comprising an extract of the shells of Plukenetia volubilis, sacha inchi, for the treatment of hypertension and a method of extraction.
• "Anti-inflammatory and anti-oxidant composition and related method of use" (CN 104066434), on the use of tara as anti-oxidant and anti-inflammatory.
Taiwan, opposition to the patent application
• "Anti-inflammatory and anti-oxidant composition and related method of use" (TW 201340975) - related to the use of tara as anti-inflammatory and anti-oxidant.

Hong Kong IPO
• Anti-inflammatory and anti-oxidant composition and related method of use "(HK 1199197) - related to the use of tara as anti-inflammatory and anti-oxidant.

The National Commission reports that since its creation in May 2004, it has identified 30 cases of biopiracy in the world related to Peruvian biological resources in the patent system: 18 have been resolved favourably for Peru; 9 pending; 1 registration which is suspended; and 2 which were granted (but before the creation of the Commission).

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