More successful results for the defense of genetic resources and traditional knowledge of the indigenous peoples

By Francisco Espinosa Reboa

More successful results for the defense of genetic resources and traditional knowledge of the indigenous peoples
Peru submitted to the Asia-Pacific Economic Cooperation (APEC) members the results of the work carried out by the National Commission Against Biopiracy, chaired by the National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi).

The Commission, which tracks and identifies possible cases of biopiracy, has developed a system of prevention and protection of Peruvian biological resources and traditional knowledge of the indigenous peoples in patent applications and patents abroad. The goal is not to prevent the use of these resources, but secure that the use is legal and benefits sustainable development of the country, even more so to the native communities.

So far, the Commission has resolved favorably for Peru 15 cases of knowledge of the indigenous peoples, all of them related to knowledge about treating of various diseases based on native species, such as maca, yacon, sacha inchi, camu camu and pasuchaca. All were sought to be patented by foreign companies as if they were their own discoveries, constituting proven cases of biopiracy.

Thus, the Commission overruled six patent related to maca which were registered in Japan, Korea and Europe, for the production of drugs to treat osteoporosis, insomnia, increase testosterone and as a nutritional supplement.
Espinosa Bellido Abogados

The Industrial Property work of Estudio Francisco Espinosa Bellido Abogados started in 1941 with Dr. Francisco Espinosa Sánchez, father of current senior partner Dr. Francisco Espinosa Bellido and grandfather of current partner Dr. Francisco Espinosa Reboa.

In its 69 years of outstanding legal work the firm has represented the interests of several national and international clients, companies and foreign correspondents obtaining and defending their industrial property rights in Peru, while also displaying an active and remarkable participation in the direction of professional associations in our speciality.

We specialize in counselling, prosecution and litigation in trademarks, patents, trade names, slogans, industrial designs, copyright, domain names, enforcement of those rights as well as unfair competition.

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