Study finds evidence of biopiracy of indigenous knowledge from Brazil

A study at the Federal University of Juiz de Fora (UFJF) found evidence of biopiracy of traditional Amazonian knowledge about a secretion from the Kambôr frog. Known by its scientific name Phyllomedusa bicolor, this small amphibian is used by some 15 ethnic groups, who know its analgesic and antibiotic properties.

By cross-referencing data on the international patent system, the study found evidence that 11 patents registered in developed countries may stem from the appropriation of genetic resources from the traditional knowledge of indigenous peoples, as explained by UFJF Law Professor Marcos Feres.

“It’s not just a patent with the secretion, because you could include the secretion with an extra element, some industrialization process, with no direct link to traditional knowledge. But when the connection is too close to the traditional knowledge, that’s when there’s an issue with the patent system. There’s no certainty, but there are strong signs there’s been a process of appropriation of traditional knowledge related to genetic resources in the Amazon region.”

Most patents are registered in the US, Canada, Japan, France, and Russia. An article published in Direito GV magazine argues the loopholes in international conventions on patents and biodiversity, a more efficient bureaucratic system, and the concentration of economic power in the nations of the global North, make appropriation of knowledge from the South possible.

In Professor Feres’s view, patents based on knowledge developed in Brazil leads to economic and political losses for the country as they transfer these resources to more developed nations.

“It’s a new form of colonialism. The North has that power, that knowledge, in its hands, and then it simply appropriates these resources, uses them in a more efficient way, so they end up holding this monopoly—a patent is a monopoly on the use of that invention for a given period of time. It becomes exclusive, and it’s not developed in the country. At the same time, it turns into property, when in fact, when it comes to traditional knowledge, what matters is free use. More people should have access to this type of knowledge, from the point of view of medicine, natural medicine.”

The investigation into patents with traditional knowledge from Brazil is an ongoing project. Professor Feres, the author of the study, intends to examine intellectual property rights around the world. He has also found evidence of transfer of traditional knowledge on Brazilian flora.