Access to Genetic Resources: Peru persistent monitoring body

Access to Genetic Resources: Peru persistent monitoring body

Patricia Covarrubia   February 16, 2018   No comments:

The Peruvian National Institute for the Defense of Free Competition and the Protection (INDECOPI) has a crucial office called The National Commission against Biopiracy. This body recently reported that during 2017 they identified 11 new cases of biopiracy, in different patent offices abroad. The respective oppositions are in process.

The report acknowledges that they are managing the respective oppositions in order to prevent the application from becoming patents (here). In order to do so, first the office needs to identify the application by monitoring work in the patent offices of the world. For the office to do so it has to allocate first national biological resources (Peruvian origin) and monitor this periodically.

For instance, INDECOPI reported that in 2017 it identified 13577 patent documents in which it observed the use of national biological resources. From this it could identify the 11 cases of biopiracy which relates to: Maca, Sacha Inchi, Tara, Aguaje, Huanarpo macho and Chuchuhuasi. The applications have taken place in China, Korea, Japan, Taiwan, Hong Kong and the Philippines. The one opposed in Taiwan, the IPO has already rejected the application.
For your information, the National Commission against Biopiracy continuously publish a monthly bulletin called ‘BioPat Peru’. This bulletin identifies developments in the use of the Peruvian biological resources in the world. Moreover, the practice of this body is shared internationally (in India, Mexico, Brazil, Switzerland and Vietnam).

The Andean countries has harmonized the law in regards to Biopiracy i.e. DECISION 391- Common Regime on Access to genetic resources. Peru has also LAW N ° 27811- which establishes the regime of protection of collective knowledge of indigenous peoples linked to biological resources. In general, these regulations establish that the “Peruvian State has sovereign rights over its genetic resources. Indigenous peoples have rights over the collective knowledge they have created, developed and preserved over the centuries, about the resources of the biodiversity of their environment.”

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Peru: examples of good practice

Peru: examples of good practice

Patricia Covarrubia   September 28, 2017   No comments:

The Peruvian Institute of the Fair Competition and Intellectual Property recently attended the Asia-Pacific Economic Cooperation (APEC) Forum, held in Ho Chi Minh City, Vietnam.
National experts from the different areas of IP were attending diverse workshops and meetings at the event.

Traditional Knowledge
Peru showed itself as the leading economy in protecting indigenous peoples' collective knowledge by putting forward a virtual platform related to the TK linked to the biodiversity of the country. In this session of the forum, particular discussion was held “regarding the protection of ancestral knowledge of Peruvian indigenous peoples, in order to preserve and defend them against misappropriation by third parties [by national Law No. 27811]”. Such virtual platform would also see the linking of the TK holders with the potential users, such as universities and research centres.
Peru is part of the Andean Community (CAN). Back in 1996 CAN passed Decision 391 which became the first law in the world to establish general principles for the protection of TK. By 2000 Decision 486 on the Common Industrial Regime for the Community built upon such principles and
created further measures for a defensive protection of TK.
Peru is the second largest Amazonian country and 35% of its population its indigenous. In 2002 Peru passed a law (27811) for the protection of collective knowledge of indigenous peoples related to biodiversity and in 2004, Peru created the National Biopiracy Prevention Commission (Law 28216).

Inventions and New Technologies
Experts on the subject attended the seminar "Opportunities and Challenges in the Marketing of Protected Vegetable Varieties in the APEC region". In this session the national experts talked about "Success stories “sharing Peruvian examples relevant in the commercialization of plant varieties. INDECOPI informs that the information imparted in the seminar was also shared in another seminar organised by the Vietnam Ministry of Agriculture and Rural Development, aimed at Vietnamese professionals, researchers and companies.

Trade Marks
Specialists on this topic participated in the workshop: "Delimitation of trade marks and infringements in a border context".

Source INDECOPI

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Genetic resources and TK: Peruvian IPO ‘will look for you, will find you, and will kill your patent’

Genetic resources and TK: Peruvian IPO ‘will look for you, will find you, and will kill your patent’

Patricia Covarrubia   March 02, 2016   No comments:

The Peruvians claim to be the leader in the protection of genetic resources and Traditional Knowledge (TK). This recent statement was submitted to the Asean-Pacific Economic Cooperation (APEC) member economies claiming that the Peruvian Commission Against Biopiracy (INDECOPI) has developed a strong and solid system to prevent biopioracy.

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Biopiracy is known as the unauthorised collection and/or use for commercial ends of genetic resources or TK. The Biopiracy Commission aims to track and identify cases of biopiracy around the world. In this way it prevents and protects Peruvian biological resources and TK by opposing to patent applications abroad and/or challenges granted patents.

The Peruvian legislation in regards to biopiracy comes in the form of a trade bloc Decision i.e. the Andean Community (CAN, whose members are Bolivia, Colombia, Ecuador and Peru) Decision 391 ‘Establishing the Common Regime on Access to Genetic Resources’.

The report shows that the Biopiracy Commission has resolved 15 cases, 6 of which related to ‘maca’. Patents granted using ‘maca’ for the production of medicaments for the treatment of osteoporosis, insomnia and to increase testosterone and as a nutritional supplement were successfully invalidated after the Commission intervention in Japan, Korea and Europe. Other cases have been successful at early stages since the Biopiracy Commission has opposed to the patent applications.

The president of the National Commission Against Biopiracy noted “the Peruvian State has sovereign rights over their genetic resources; while indigenous peoples have rights to the collective knowledge they have created, developed and preserved through the centuries.”

Source INDECOPI.

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