Biosafety, biopiracy and patents
GM organisms can have unpredictable effects, so India's GEAC checks their safety. Biopiracy is using a country's bio-resources without permission or payment, as in the Basmati patent.
Why biosafety matters
Changing living organisms cannot go on without regulation. We need ethical standards to judge whether an activity helps or harms living things. Genetic modification can have unpredictable results when GM organisms are released into an ecosystem. So the Indian Government set up the Genetic Engineering Approval Committee (GEAC). It decides whether GM research is valid. It also decides whether it is safe to release GM organisms for public use, such as food or medicine.
Biosafety concerns about GM organisms (extra reading: your textbook names only unpredictable effects on the ecosystem)
- Unpredictable effects on the ecosystem after release.
- Gene flow: the new gene may pass to wild relatives through pollen.
- Harm to non-target organisms, such as useful insects.
- Pests becoming resistant, for example bollworms surviving on Bt cotton.
- Allergy or toxicity from a new protein in food, so GM foods must be tested.
- Loss of traditional crop varieties if a few GM varieties replace them.
Patents and biopiracy
Some companies have been granted patents for products that use genetic materials, plants and other bio-resources. These resources were long identified, developed and used by farmers and indigenous people of a region. This has caused public anger. Industrialised nations are rich in money but poor in biodiversity and traditional knowledge. Developing countries like India are rich in biodiversity and traditional knowledge, which can save time, effort and cost in making new products. Using these without permission or fair payment is biopiracy.
The Basmati case
- 1India has an estimated 2,00,000 varieties of rice. 27 documented varieties of Basmati, known for their aroma and flavour, have been grown here for centuries.
- 2In 1997, an American company obtained patent rights on Basmati rice from the US Patent and Trademark Office.
- 3Its 'new' variety had been derived from Indian farmers' varieties, crossed with semi-dwarf varieties, and claimed as an invention.
- 4★The patent extended to functional equivalents, so others selling Basmati rice could be restricted.
- 5People have also tried to patent uses, products and processes based on Indian traditional herbal medicines, such as turmeric and neem.
★ key step
India's response
Some nations are making laws to stop unauthorised use of their bio-resources and traditional knowledge, and to ensure benefit sharing. The Indian Parliament cleared the second amendment of the Indian Patents Bill. It takes these issues into account, including patent terms, emergency provisions, and research and development initiatives.
Patent vs biopiracy
Basmati rice, turmeric in every Indian kitchen and neem twigs used to clean teeth are part of India's traditional knowledge. Biopiracy has tried to claim them. GEAC approval is why a GM crop cannot be sold in India without safety checks.
2 marks: “What is biopiracy? Give one example from India.” Use of a country's bio-resources by multinational companies or other organisations without proper authorisation from that country and its people, and without compensatory payment. Example: the 1997 US patent on a Basmati derived from Indian varieties (also turmeric, neem).
3 marks: “Explain the Basmati rice patent case. Why is it considered biopiracy?” India grows 27 documented Basmati varieties. In 1997 an American company got a US patent on a 'new' Basmati made by crossing Indian varieties with semi-dwarf varieties; the patent covered functional equivalents. Indian farmers' varieties were used without permission or payment.
2 marks: “What is GEAC? State its role.” Genetic Engineering Approval Committee, set up by the Indian Government. It decides whether GM research is valid and whether GM organisms are safe to introduce for public services.
GEAC guards, patents protect, biopiracy steals.