From jcenteno@telcel.net.ve Thu Jan 13 15:08:45 2000 Received: from mxu3.u.washington.edu (mxu3.u.washington.edu [140.142.33.7]) by lists.u.washington.edu (8.9.3+UW99.09/8.9.3+UW99.09) with ESMTP id PAA09236 for ; Thu, 13 Jan 2000 15:08:18 -0800 Received: from mail01.t-net.net.ve ([200.35.64.6]) by mxu3.u.washington.edu (8.9.3+UW99.09/8.9.3+UW99.09) with ESMTP id PAA11140 for ; Thu, 13 Jan 2000 15:08:16 -0800 Received: from jcenteno ([200.35.117.182]) by mail01.t-net.net.ve (Post.Office MTA v3.5.3 release 223 ID# 557-64195U130000L130000S0V35) with SMTP id ve; Thu, 13 Jan 2000 19:07:59 -0400 Message-ID: <000b01bf5e2b$be8a42c0$a984fea9@jcenteno> From: "Julio Cesar Centeno" To: "ADMAPU" , "AMAZANGA" , "Anagrama" , "ASEO" , "ASHANINKA" , Subject: LAW TO PROTECT NATIVE INTELLECTUAL PROPERTY Date: Thu, 13 Jan 2000 10:03:53 -0600 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_NextPart_000_00C4_01BF5DAD.7F70FDA0" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2615.200 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2615.200 This is a multi-part message in MIME format. ------=_NextPart_000_00C4_01BF5DAD.7F70FDA0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable IPS News Bulletin 12 January 2000 LAW TO PROTECT NATIVE INTELLECTUAL PROPERTY=20 By Abraham Lama LIMA, Jan 12 (IPS) - The Peruvian government is drafting a law to = protect indigenous rights over their ancestral knowledge in an attempt = to prevent the history of plundering native wealth from repeating = itself, as well as controlling the international exploitation of Peru's = native plants. Indigenous communities will be the intellectual owners of genetic = resources coming from plant species whose curative or nutritional values = form part of their ancestral knowledge, according to the text of the = legal bill. ''Peru is one of the countries with greatest biodiversity in the world = and must begin utilising the competitive advantage this implies,'' = commented Jorge Caillaux, president of the Peruvian Environmental Law = Society, ''but it must protect its natural resources as well as the = rights of its population.'' ''Researchers from transnational pharmaceutical firms travel throughout = the country gathering information on the native pharmacopeia, they = search for a species and take it back to their country to isolate its = components and then produce them commercially,'' he added. The history of plundering Peru's native knowledge and technology, as old = as the pillaging of its natural resources, began with the arrival of the = Spanish colonisers. Nothing can be done now about genetic rights to quinine, extracted from = the 'quina' bush, nor about the potato, sweet potato, corn, rubber, or = tobacco, which long ago became part of world knowledge and industrial = use. And perhaps nothing can be done about more recent natural products, such = as cat's-claw, a plant whose bark boost the human immune system and is, = as a result, effective in treating cancer and AIDS, and has been = patented by laboratories in several countries as their own product. ''The story of quinine is illustrative of the plundering of indigenous = communities' ancestral knowledge: in 1636 an Incan healer cured Spanish = viceroy's wife of her recurrent malaria fevers using bark from the quina = bush,'' said Peruvian doctor Fernando Cabieses. Excited about the results, the Count of Chich=F3n's wife distributed the = ''Countess's powder'' to the people of Lima who suffered tertian fever. = Jesuit priests in Peru sent the remedy to Europe with the name ''Jesuits = powder,'' and soon after, cardinal Lugo dispersed the miraculous = medication under the name ''Cardinal's powder.'' ''Rome in that era was the malaria capital of the world,'' affirmed = Cabieses, director of the National Institute of Traditional Medicine. ''Surrounded by marshes, its 'mal aire' (bad air) led to the disease's = name 'malaria.' The unhealthy conditions of the Vatican meant that the = seat of Christianity was nearly abandoned several times, after killing = various Popes and dozens of cardinals,'' he added. By 1650, the mysterious remedy had become popular at the Vatican and = awakened interest in other European capitals. In 1679, Britain's Robert Talbot had quina plants sent from Peru and = began to market the powder derivative, which in 1820, French chemists = Pelletier and Caventou perfected, isolating quinine, or ''chinchonina,'' = named in honour of viceroy Chinch=F3n's wife. ''They honoured the countess, but nobody ever remembered the Incan = doctors who discovered its curative properties, who genetically = developed the plant and used it for many years,'' commented Cabieses. The doctor explained that when the new law is approved, international = pharmaceutical laboratories that currently exploit Peru's bio-genetic = resources free of charge will have to pay the native communities for the = right to continue. Among those participating in drafting the legal bill are representatives = from indigenous communities, non-governmental organisations (NGOs) and = officials from the ministries of Health, Industry, Agriculture and from = the National Institute in Defence of Intellectual Property (Indecopi). The bill is at the stage of receiving comments and input from native = communities and business organisations that will be involved in = overseeing implementation. The draft of the final legal text is expected = to come under debate in February. ''For the first time in the world, a government is proposing to = establish protection for the collective knowledge of indigenous peoples, = a system to regulate research, production and marketing of genetic = resources,'' said Beatriz Boza, of Indecopi. The bill establishes regulations for access to genetic resources. If = passed, it will make Peru the third nation in the world to possess such = legislation, after the Philippines and Bolivia. But unlike the Bolivian and Philippine laws on access to genetic = resources, the Peruvian bill recognises native communities' ownership of = the knowledge they and their ancestors have developed. Brendan Tobin, of the non-governmental Association for the Defence of = Natural Rights, said that ''when the law is applied, the communities = will be able to grant pharmaceutical laboratories, via contracts, the = right to use certain plants whose therapeutic value they have known = about for years.'' Tobin, advisor to the jungle-dwelling Aguaruna community in its = negotiations with the transnational firm Monsanto, expressed his support = for the orientation and text of the proposed law. According to the bill, pharmaceutical companies must earmark 0.5 percent = of their profits from native-origin products to the Indigenous People's = Development Fund, in addition to the price they agree to pay for the = right to use each product. ''The bill is an important step forward because it establishes that = money from this fund is to be managed by the indigenous people = themselves,'' said Tobin, ''Finally their rights are being recognised.'' ______________________________ Julio C=E9sar Centeno, PhD PO Box 750 Merida - Venezuela jcenteno@telcel.net.ve http://www.ciens.ula.ve/~jcenteno/ Tel/Fax: Intl+58-74-714576 Tel/Fax: Intl+58-74-713814 ______________________________ ------=_NextPart_000_00C4_01BF5DAD.7F70FDA0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable

IPS News Bulletin
12 January = 2000

LAW=20 TO PROTECT NATIVE INTELLECTUAL PROPERTY

By Abraham = Lama

LIMA, Jan=20 12 (IPS) - The Peruvian government is drafting a law to protect = indigenous=20 rights over their ancestral knowledge in an attempt to prevent the = history of=20 plundering native wealth from repeating itself, as well as controlling = the=20 international exploitation of Peru's native plants.

Indigenous=20 communities will be the intellectual owners of genetic resources coming = from=20 plant species whose curative or nutritional values form part of their = ancestral=20 knowledge, according to the text of the legal bill.

''Peru is one = of the=20 countries with greatest biodiversity in the world and must begin = utilising the=20 competitive advantage this implies,'' commented Jorge Caillaux, = president of the=20 Peruvian Environmental Law Society, ''but it must protect its natural = resources=20 as well as the rights of its population.''

''Researchers from=20 transnational pharmaceutical firms travel throughout the country = gathering=20 information on the native pharmacopeia, they search for a species and = take it=20 back to their country to isolate its components and then
produce them = commercially,'' he added.

The history of plundering Peru's native = knowledge and technology, as old as the pillaging of its natural = resources,=20 began with the arrival of the Spanish colonisers.

Nothing can be = done now=20 about genetic rights to quinine, extracted from the 'quina' bush, nor = about the=20 potato, sweet potato, corn, rubber, or tobacco, which long ago became = part of=20 world knowledge and industrial use.

And perhaps nothing can be = done about=20 more recent natural products, such as cat's-claw, a plant whose bark = boost the=20 human immune system and is, as a result, effective in treating cancer = and AIDS,=20 and has been patented by
laboratories in several countries as their = own=20 product.

''The story of quinine is illustrative of the plundering = of=20 indigenous communities' ancestral knowledge: in 1636 an Incan healer = cured=20 Spanish viceroy's wife of her recurrent malaria fevers using bark from = the quina=20 bush,'' said Peruvian doctor Fernando Cabieses.

Excited about the = results, the Count of Chich=F3n's wife distributed the ''Countess's = powder'' to=20 the people of Lima who suffered tertian fever. Jesuit priests in Peru = sent the=20 remedy to Europe with the name ''Jesuits powder,'' and soon after, = cardinal Lugo=20 dispersed the miraculous medication under the name ''Cardinal's=20 powder.''

''Rome in that era was the malaria capital of the = world,''=20 affirmed Cabieses, director of the National Institute of Traditional=20 Medicine.

''Surrounded by marshes, its 'mal aire' (bad air) led = to the=20 disease's name 'malaria.' The unhealthy conditions of the Vatican meant = that the=20 seat of Christianity was nearly abandoned several times, after killing = various=20 Popes and dozens of cardinals,'' he added.

By 1650, the = mysterious remedy=20 had become popular at the Vatican and awakened interest in other = European=20 capitals.

In 1679, Britain's Robert Talbot had quina plants sent = from=20 Peru and began to market the powder derivative, which in 1820, French = chemists=20 Pelletier and Caventou perfected, isolating quinine, or ''chinchonina,'' = named=20 in honour of viceroy Chinch=F3n's wife.

''They honoured the = countess, but=20 nobody ever remembered the Incan doctors who discovered its curative = properties,=20 who genetically developed the plant and used it for many years,'' = commented=20 Cabieses.

The doctor explained that when the new law is approved, = international pharmaceutical laboratories that currently exploit Peru's=20 bio-genetic resources free of charge will have to pay the native = communities for=20 the right to continue.

Among those participating in drafting the = legal=20 bill are representatives from indigenous communities, non-governmental=20 organisations (NGOs) and officials from the ministries of Health, = Industry,=20 Agriculture and from the
National Institute in Defence of = Intellectual=20 Property (Indecopi).

The bill is at the stage of receiving = comments and=20 input from native communities and business organisations that will be = involved=20 in overseeing implementation. The draft of the final legal text is = expected to=20 come under debate in February.

''For the first time in the world, = a=20 government is proposing to establish protection for the collective = knowledge of=20 indigenous peoples, a system to regulate research, production and = marketing of=20 genetic resources,'' said Beatriz Boza, of Indecopi.

The bill = establishes=20 regulations for access to genetic resources. If passed, it will make = Peru the=20 third nation in the world to possess such legislation, after the = Philippines and=20 Bolivia.

But unlike the Bolivian and Philippine laws on access to = genetic=20 resources, the Peruvian bill recognises native communities' ownership of = the=20 knowledge they and their ancestors have developed.

Brendan Tobin, = of the=20 non-governmental Association for the Defence of Natural Rights, said = that ''when=20 the law is applied, the communities will be able to grant pharmaceutical = laboratories, via contracts, the right to use certain plants whose = therapeutic=20 value they have known about for years.''

Tobin, advisor to the=20 jungle-dwelling Aguaruna community in its negotiations with the = transnational=20 firm Monsanto, expressed his support for the orientation and text of the = proposed law.

According to the bill, pharmaceutical companies = must=20 earmark 0.5 percent of their profits from native-origin products to the=20 Indigenous People's Development Fund, in addition to the price they = agree to pay=20 for the right to use each product.

''The bill is an important = step=20 forward because it establishes that money from this fund is to be = managed by the=20 indigenous people themselves,'' said Tobin, ''Finally their rights are = being=20 recognised.''
 
______________________________
Julio = C=E9sar=20 Centeno, PhD
PO Box 750
Merida - Venezuela
jcenteno@telcel.net.ve
http://www.ciens.ula.ve/~jcen= teno/
Tel/Fax:=20 Intl+58-74-714576
Tel/Fax:=20 Intl+58-74-713814
______________________________
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