Peru Thwarts 170 Biopiracy Attempts

By Espinosa Bellido Abogados

The National Commission Against Biopiracy (CNB) of Peru's National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) has successfully opposed 170 patent applications deemed biopiracy attempts. These actions utilize the international patent system to safeguard Peru's rich biodiversity and the associated Traditional Knowledge of indigenous communities from unlawful exploitation.

Biopiracy refers to the misappropriation of a country's biological resources and the associated Traditional Knowledge held by indigenous communities. This often occurs without prior informed consent or fair and equitable benefit-sharing mechanisms in place. Biopiracy attempts to exploit these resources for commercial or academic gain, often through the patenting process. 

In the context of Peru, the CNB works to prevent the unauthorized patenting of genetic resources and TK, ensuring fair compensation for local communities and preventing the unjust appropriation of natural wealth.

Biopiracy attempts were detected by the CNB in patent applications filed with major intellectual property offices worldwide. This includes the United States Patent and Trademark Office (USPTO), the China National Intellectual Property Administration (CNIPA), the Japan Patent Office (JPO), and the European Patent Office (EPO), along with offices in Brazil, South Korea, India, Canada, Australia, and Mexico.

The contested patents often targeted iconic Peruvian resources famed for their unique properties and growing global demand. These include maca, sangre de grado, camu camu, cashew, cacao, achiote, and guava. By opposing these applications, the CNB protects the intellectual property associated with these resources and ensures indigenous communities are fairly compensated for their knowledge.