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With
so much coverage on biopiracy of plant genetic resources, it is time to look at
cases of a new form of biopiracy which is rampant in the medical field.Termed as
neocolonialism by some,such cases are growing in number,raising a debate over
the
ethical aspects of gene patenting at the same time.Describing indigenous people
as "objects of curiosity", scientists across the globe are busy collecting and
preserving the tissue samples of these groups before they become extinct.
Scientists have travelled to as far as Ghana and Nigeria to study diabetes, to
Mongolia for studies on congenital deafness, to a remote Philippine island to
collect blood and tissue samples from a population with an unusually high
incidence of cleft lip and palate or for a gene for asthma.These expeditions are
funded by pharmaceutical giants which thrive on the business of patenting
genetic material for medical purpose.
However,indigenous activists see it very differently.One such indigenous
group,the Peoples' Coalition on Biopiracy says:‘Fraud, deception and bribery are
being used to take samples from indigenous populations around the world.’ The
communities are rarely informed about the uses for their genetic information,
neither they are ever included in the multi-million dollar agree
ments between research
institutions and pharmaceutical companies.
Researchers especially geneticists,on the contrary feel that indigenous peoples
are ideal for certain types of genetic research because they are isolated and
are extremely close-knit populations, allowing them to do a thorough pedigree
analysis for studying the inheritance of traits and to track the transmission of
a variety of diseases down the generations. But there are serious cultural
conflicts on this issue which can not be overlooked at the same time. Even the
taking of blood and tissue samples for research is seen by many as a threat to
the integrity of the traditional ways of life that the communities have followed
for years.
Just
a few years ago,the people of the Solomon Islands,along with the indigenous
Guaymi people of Panama and the Hagahai of Papua New Guinea,were the subject of
patent claims on their genetic material.In fact,patents were granted to the US
government's National Institute of Health (NIH)on the basis of being identified
as unique genetic traits.But,once granted, these patents had to be revoked in
the wake of widespread condemnation and opposition to such an act.
Legal aspects of patenting human genetic material
According to the European Directive on the Legal Protection of Biotechnological
Inventions,patent applications on an invention "based on biological material of
human origin or if it uses such material" must be from a person who had the
"opportunity of expressing a free and informed consent there to,in accordance
with national law".This means that research participants must at least be aware
of the intent of potential commercialisation when consenting to DNA
sampling.But,in most
cases of patenting of genetic material of indigenous people,the consent is taken
but under false promises of compensation and the material is used,
commercialised without their knowing or even being a part of the benefit
sharing.
Recently, The New York Times reported the fate of a group of indigenous
people, the Karitiana Indians. The first researchers came to draw their blood in
the late 1970s and came back again in 1996 promising medicine if the Karitiana
would just give more blood. Trusting the research team, they agreed to a second
time donation of their genetic material. But, that promise of compensation was
never fulfilled. However, with the arrival of Internet, this community became
aware of its exploitation. Their blood and DNA collected during that first visit
were being sold by an American concern to scientists around the world for $85 a
sample.They were helpless.
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