Peru protects the dragon's blood from being patented

By Espinosa Bellido Abogados

Peru’s National Commission against Biopiracy prevented the developing of 25 patent applications related to dragon's blood, a bright red resin that is obtained from different species of a number of distinct tres native to Peru and has purported wound-healing and antioxidant properties. The applications were submitted by Jaguar Health Inc. to the European Patent Office (EPO), the Korean Intellectual Property Office (KIPO) and the IP Offices of Argentina, Australia, Canada, China, Colombia, Costa Rica, Mexico, Uruguay and the United States, with the aim of patenting a treatment of gastrointestinal problems in pets.

The case was identified during the permanent monitoring carried out by the commission, as the applications involved access to the Peruvian genetic resources and traditional knowledge of native communities without the needed permits. The commission, chaired by Peru’s IP Office (Indecopi) determined that the applications were undue because they did not comply with the requirements of patentability (inventive level) required by the patent laws of the different intellectual property offices.

As all of the applications were submitted by the same company, the commission decided to avoid legal procedures and send a warning letter to Jaguar Health Inc., which decided to withdraw all applications.