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Diaguita vs. Goldcorps Canadian mining giant Goldcorp was Should the permit be cancelled on Yes. The Court held that the environmental permit should be
granted an environmental permit to mine the ground that the state of Chile put on hold until a fresh consultation with the Diaguita IPs
Supreme Court of Chile gold and copper in Chile. violated the IP’s right to prior has taken place.
October 7, 2014 consultation?
This was heavily opposed by the local Goldcorp shall not move forward with its mining operations until
Diaguita community. the local indigenous groups are consulted.
Council of Sipacapa vs. Guatemala The Mayan Council of Sipacapa claimed Did the Guatemalan government Yes. The state of Guatemala violated the Sipacapan IP’s
their collective rights and demanded the violate the Sipacapan IP’s collective right to prior information and consultation.
Guatemalan Court cancellation of a mining permit, “Los collective right to prior information
2014 Chocoyos”, which was granted by the and consultation by granting the It was also a historic moment as the state of Guatemala,
Guatemalan government to a transnational mining permit? through this judgement, recognized the proper organization of
company (a local subsidiary of Canadian the indigenous communities,a collective right, as represented
mining company Goldcorp Inc.) without prior by the Mayan council of Sipacapa.
information and consultation with the IP of
the municipality of Sipacapa.
Biopiracy Cases
Biopiracy Defined:
Biopiracy is the commercial development of naturally occurring biological materials, such as plant substances or genetic cell lines, by a technologically advanced country or
organisation without fair compensation to the peoples or nations in whose territory the materials were originally discovered. Patents to these indigenous plants/plant substances
are often granted to nonresidents to the country in which the plant or substance was found.
The US Patent Law is a huge source of the biopiracy cases. The fact that the US Patent Law does not recognise use of an invention as prior art makes it possible for
American inventors to patent such inventions that have only been used (and not patented or described in a publication).
International Conventions:
Two conventions that are related to biopiracy are the Convention on Biological Diversity (the CBD) and the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS).
Effects:
Aside from depletion of the wild resources and increasing prices for the locals, biopiracy also contravenes the right of communities to exercise control over their own
resources, to be previously informed of the goals and extent of the extractions, and to grant their previous informed consent.
Indigenous Plant/Substance Facts about the Indigenous Plant Patent Effects of Patent on Locals Current Status of Patent
Tepezcohuite Tepezcohuite is a thorny tree Dr. Leon Rouqe, a Mexico is a significant country and a The patent for this plant is still
with a wide distribution, but the former Chiapa filed a frequent target for bioprospectors. The valid.
only place where it holds patent in 1986 for the country contains 34 out of 36 identifiable
healing properties is in powder obtained from ecoclimates, is home to 25 out of 28
Chiapas, Mexico. the roasted bark. categories of recognized soils and contains
14,4 per cent of all the living species in the
It is primarily used to treat skin He was granted a U.S. world.
lesions, especially for healing patent in 1989.
burns. It has antiinflammatory, Dr. Roque’s patent describes the
anti-bacterial, anaesthetic and traditional usage; it is only an addition
epidermal regeneration being that of a sterilising step. This means
properties and is nicknamed that all the powder produced under
“the Miracle Plant”. traditional methods is an infringement
of his patent.