Biodiversity Under Threat? Biopiracy and the Challenges to National Sovereignty

Did you know that the name “cupuaçu” was almost trademarked by a foreign company? This is just one of many cases exposing Brazil to the threat of biopiracy, a practice that challenges our sovereignty and jeopardizes the preservation of biodiversity. 

Biopiracy is defined as the unauthorized appropriation and exploitation of genetic resources and traditional knowledge from local communities without proper authorization or financial compensation. This phenomenon has been widely criticized for undermining the sovereignty of biodiversity-rich nations like Brazil and for adversely affecting the communities traditionally responsible for safeguarding these resources. 

The practice of biopiracy is not new. During the colonial and post-colonial periods, many European nations benefited from the extraction of medicinal plants, agricultural crops, and other resources from conquered territories. In the 20th century, the advent of biotechnology, coupled with the expansion of the patent system, intensified debates about the sustainable use of biological resources and the equitable sharing of benefits derived from their exploitation. 

Encompassing around 20% of the world’s biodiversity, Brazil is a frequent target of biopiracy. Notable cases include the near-trademarking of the name “cupuaçu” and the attempted patenting of its derivatives, as well as the exploitation of jaborandi, a plant rich in pilocarpine, widely used in ophthalmological treatments. These episodes raise serious concerns about protecting national genetic heritage and ensuring fair benefit-sharing from its utilization. 

Adopted in 2010 as a complement to the Convention on Biological Diversity (CBD), the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization is a crucial tool in combating biopiracy. This document establishes an international legal framework to ensure recognition and fair compensation for countries and communities that hold genetic resources. Brazil ratified the Protocol in 2021. 

The Protocol reinforces the principle of national sovereignty over genetic resources and proposes mechanisms to ensure that access to these resources is conducted equitably. Moreover, it emphasizes the fair distribution of both financial and non-financial benefits. A central aspect of the Protocol is its recognition of the fundamental role of Indigenous and traditional communities in managing and conserving biodiversity, fostering appreciation for their ancestral knowledge. 

In Brazil, the implementation of the Nagoya Protocol is regulated by the Biodiversity Law (Law No. 13,123/2015), which establishes guidelines for accessing national genetic heritage and requires clear contracts between the involved parties. Despite this advanced legislation, challenges persist, including ineffective enforcement and low compliance among companies and researchers. 

Biopiracy not only undermines national sovereignty but also harms Indigenous and traditional communities, which directly depend on biodiversity for their livelihoods. Furthermore, this practice discourages ethical collaborations between companies, scientists, and local communities, weakening the potential for sustainable and responsible innovations. 

Combating biopiracy requires integrated efforts from governments, international organizations, local communities, and the private sector. The implementation of the Nagoya Protocol, alongside robust national legislation, represents an essential step toward ensuring the ethical and sustainable use of genetic resources. These measures protect biodiversity, safeguard the rights of traditional communities, and promote innovations that benefit society as a whole. 

The fight against biopiracy and the protection of Brazilian biodiversity are challenges requiring continuous efforts and concrete actions to secure a sustainable future. Events like COP30, set to take place in Brazil in 2025, offer a unique opportunity to position the country as a global leader in the environmental agenda. 

COP30 can serve as a milestone for strengthening international commitments, promoting the effective implementation of the Nagoya Protocol, and fostering new partnerships that value both biodiversity and traditional knowledge. This event represents a strategic platform to showcase Brazil’s natural wealth and demonstrate to the world that environmental conservation and sustainable economic development can go hand in hand. 

With dialogue, innovation, and an ethical approach, COP30 could mark the beginning of significant achievements, reaffirming Brazil’s role as a guardian of global biodiversity and a leader in building a fairer and more sustainable future. Ultimately, protecting biodiversity ensures a legacy of natural, cultural, and economic wealth for future generations.