Taiwan rejects application related to biological resource of Peruvian origin

By Espinosa Bellido Abogados

The Taiwan Intellectual Property Office (TIPO) rejected a patent application related to the tara, a biological resource of Peruvian origin. The application was filed in June by Chinese company Access Business Group International with the name "Anti-inflammatory and antioxidant composition and methods related to its use".

Tara spinosa, commonly known as tara, is a small leguminous tree or thorny shrub native to Peru, an excellent source of environmentally friendly tannins most commonly used in the manufacture of automotive and furniture leathers.

Taking into account information provided by the National Commission Against Biopiracy of Peru, TIPO determined that said patent application was undue because it did not meet the patentability requirements of novelty and inventive step.

The National Commission Against Biopiracy, chaired by the Peruvian IP Office (Indecopi), tracks possible cases of biopiracy to protect Peruvian biological resources and traditional knowledge 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. Up to now the National Commission has identified 34 cases of biopiracy related to Peruvian biological resources in the patent system, of which 19 have been resolved, all of them in favor of Peru.