Following reports that an academic researcher attempted to export plant genes, Sri Lanka is cracking down on biopiracy. The samples were purportedly gene samples from seaweed collected from Arugambay and Kirinda.
Sri Lanka's Minsiter of the Environment,Champika Ranawaka, emphasized in an article in The Sunday Times Online that “Bio-piracy has been taking place in the country for many years. Since plants are quarantined, those who are involved in bio-piracy take gene extracts in capsules masqueraded as lipsticks or perfumes, though a small quantity of ten millilitres is allowed.”
Exportation of plants for research requires the approval of Sri Lanka's Forest Conservator General, Sarath Fernando. Fernando noted in the same article that “The professor who was nabbed recently had obtained no permission to either conduct a research or make a sample. It is a violation of the law.”
The stated purpose of the restriction is to "preserve Sri Lanka’s exclusive patent rights over endemic flora and fauna." According to Mr. Fernando, when samples are sent overseas, there should be an agreement regarding intellectual property rights for medicinal drugs developed using the Sri Lankan plants. The Sunday Times article did not detail the allocation of intellectual property rights that the Sri Lankan government would expect from such a deal. Nor did the article clarify whether the deal was between the government and the foreign entity or the discoverer and the foreign entity.
A statement by an unnamed official illustrated a common misconception about patents, stating that “Plant chromosomes sent abroad are used in the production of medicinal drugs and later patent rights are claimed on plants which are sometimes rare and endemic to Sri Lanka.” While it is possible to patent modified plants or substances extracted from plants, patent law does not permit the patenting of native plants in their native environment.
Yet, much remains unclear. If you do not complicate, shall describe the details.
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Posted by: appadeweito | January 20, 2010 at 12:18 PM