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    Biopiracy crackdow n results in $59M in fines for Brazilian companies,receives mixed reviews

    Morgan Erickso n-Davis, mongabay.comDecember 31, 2010

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    Biopiracy crackdown results in $59M in fines for Brazilian companies, receives mixed reviews http://news.mongabay.com/2010/1230-morgan_biopiracy_brazil.html

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    The giant monkey frog (Phyllomedusa bicolor) is known for its mind-altering skin

    secretions. Shamans in the Amazon rain forest have used this species in hunting

    rituals. Photo by Rhett A. Butler.

    The Brazilian government is stepping up anti-"biopiracy" measures and imposingsubstantial fines on companies which make use of rare plants or animals withoutgiving adequate compensation to Brazil or its indigenous communities. The moveattracts criticism by some who believe that it hampers scientific research.

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    Brazil's unique species have been exploited for centuries by businesses which oftenmake fortunes while overlooking local communities. For instance, the slime from

    Kambo frogs, found in the Amazon state of Acre, has been used by pharmaceutical

    companies to develop anti-inflammatory drugs without granting Acre residents anyof the profits. In the 1960s, the hypertension medication Captopril was developed bythe US drug company Squibb (now Bristol-Myers Squibb) using the venom of theBrazilian viper - Bothrops jararaca. The venom causes a sudden, massive drop inblood pressure and was used by Indigenous populations on their arrowheads. Itshould be noted that actual snake venom and frog slime are not used in themanufacturing of these drugs.

    Brazil's anti-biopiracy initiative began in 2001 with a ruling creating the currentlaws which control species use. The government will expand the program with aproject called "Operation New Direction" which may hike up fines to $29 million with

    a possible loss of patents for companies found to be using species which they haven'tregistered.

    "Given that (fighting biopiracy) is a new process and that Brazil has one of thebiggest reserves ofbiodiversity in the world, Ithink most of this activityis illegal, and we're goingto find those people,"

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    Biopiracy crackdown results in $59M in fines for Brazilian companies, receives mixed reviews http://news.mongabay.com/2010/1230-morgan_biopiracy_brazil.html

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    Bruno Barbosa, of the environmental oversight agency Ibama, told Reuters.

    One of the largest fines imposed so far has been on the cosmetics company, Natura.The Brazilian company was fined $12.4 million for allegedly including unregisteredgenetic material in its products. Natura denies any wrongdoing and is appealing thefine.

    "The company will appeal all of the legal actions, because it is sure it complied with

    the fundamental principles of the Convention on Biological Diversity," Natura said ina statement. "Natura has been a pioneer in Brazil in reaching agreements to share

    benefits with traditional communities."

    Critics say that the anti-biopiracy measures often make it impossible to ship samplesabroad for medical analysis which could provide benefits for all. Zoological researchcan also be hindered, inciting skepticism that the rules are applied too generally.

    "The current law is very vague on a lot of points, it ends up classifying everybody asillegitimate," Raul Telles do Valle who works with ISA, a think tank on social andenvironmental issues, told Reuters. "Just passing out fines under the existing

    framework isn't going to solve the problem."

    He believes that the measures should be more concerned with determining how to

    compensate local populations from collective knowledge passed down overgenerations.

    However, Barbosa maintains that the fight against biopiracy is important topreserving sensitive environments and promoting fair profit distribution.

    "This is going to enable concrete alternatives that substitute destruction of theecosystem for new economic mechanisms," he told Reuters.

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    Copyright mongabay 2010

    Carbon dioxide (CO2) emissions generated from mongabay.com operations (server, data transfer, travel) are mitigated through an association with Anthrotect,an organization working with Afro-indigenous and Embera communities to protect forests in Colombia's Darien region.

    Anthrotect is protecting the habitat of mongabay's mascot: the scale-crested pygmy tyrant.

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