Past lessons in protecting biodiversity from biopiracy

Last week, the Intellectual Property Office of the Philippines (IPOPHL) joined 193 member states of the World Intellectual Property Organization (WIPO) in a historic move to adopt a groundbreaking treaty, capping 25 years of negotiations and paving the way for a more inclusive global IP system.

This new WIPO Treaty on Intellectual Property (IP), Genetic Resources (GR), and Associated Traditional Knowledge (ATK) is revolutionary for being the first international instrument to specifically address the intersection of IP, GR, and ATK, with a strong focus on the rights of Indigenous Peoples and local communities.

Coincidentally, the signing of the treaty on 24 May came just days after the celebration of the International Day for Biological Diversity on 22 May. Both events remind us of the blessing of the country’s sprawling wealth of flora and fauna, the Philippines serving as home to two-thirds of the earth's biodiversity. At the same time, it reignites the urgency to protect our biodiversity from all forms of harm, from endangerment to biopiracy.

Over the decades, the Philippines has been made familiar with the horrors of biopiracy. This crime takes place when pharmaceutical firms, usually from developed nations with immense manufacturing prowess and resources, rake in billions of dollars from patenting endemic animals and plants sourced from the lands of developing and least-developed countries.

The biological properties of these products could be owed to the cultivation and care of indigenous peoples and local communities over time. Yet, in most cases, the communities fail to receive a fair share of royalties, if any credit at all.

One of the earliest recorded biopiracy stories goes as far back as 1949. It was said that Filipino scientist Dr. Abelardo Aguilar was working then for American drug firm Eli Lilly Co. At the time, he discovered a special microorganism in his Iloilo hometown and sent samples of it to the company.

There are varying accounts as to whether it was Aguilar or a different in-house scientist who successfully isolated erythromycin from the strain found in the soil sample, leading to the antibiotic under the brand name Ilosone, in honor of Aguilar’s hometown Iloilo. But one thing’s for sure: the drug company profited to the tune of billions of dollars. Despite Aguilar’s contribution, it was said that he never received the royalties he was promised.

Fast forward to today. Several indigenous peoples and local communities in the Philippines and around the world continue to reel from the grip of biopiracy with many communities left behind while drug companies enjoy the fruits of their labor.

To address these threats, the new WIPO treaty sets out new disclosure requirements for patent applicants whose inventions utilize GR or ATK. Under the treaty, patent applicants must disclose the country of origin or the source of the genetic resources. This marks a crucial step to ensuring transparency and preventing the misappropriation of resources that are considered national treasures.

In the Philippines, the framework for such disclosure is not entirely new. A disclosure is already in place through a partnership with the National Commission on Indigenous Peoples. Our early adoption of such a mechanism shows our proactive approach in protecting the wealth of our biological diversity.

But we hope to soon be a contracting party to the treaty to strengthen the implementation of the disclosure requirement, spark efforts to safeguard our resources more intensively, and never again fall victim to biopiracy.