Intellectual property and patents on medicinal uses and traditional knowledge

Abstract

This article analyzes the traditional knowledge about the alleged medicinal properties of plants and their uses as part of the Commons having the protection of domestic law and international law. The uses of these plants are considered by ethnic indigenous Mbya Guarani and Paĩ Tavyterã of the Western region of Paraguay. Articles published in scientific journals in the region and in high-impact scientific journals are used as basically bibliographic research. Likewise, it was taken in advantage information contained in patent Patenscope databases. On the exploitation of these secondary data, it was taken into consideration, the result of ethnographic work in the region. Over 86 selected plants and considering the species in the investigation were registered 4,668 patents applied for and 2,715 granted patents; The National Directorate of Intellectual Property (Dirección Nacional de Propiedad Intelectual DINAPI) does not register patent applications from residents. It was found that large pharmaceutical corporations and food industry do not recognize the fair and equitable compensation established in treaties. To this extent it can be assumed that these corporations respond to the logic of accumulation by dispossession of common goods.