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Cases of Access & Benefit Shaing (ABS)

Writer's picture: JOON SONGJOON SONG

First case is Neem case of India. Neem tree is called as “the tree of miracles” in India because of it’s wide applicable uses. In 1994, European Patent Office (EPO) granted a patent to US company, W.R. Grace and they made Neem-based bio-pesticides Neemix, for use on food crops. However, in 2000, EPO revoked the patent because of an appeal by India. So both of the company and the Indian people became all losers because the company lost their patent and the Indian people could not anything from the company. So I would like to call this case as a zero-sum game.



In contrast to Neem case, Hoodia case was a win-win game for the company and providing people. Hoodia plant is from South Africa and widely used for obesity by the San people. In 1998, Pfizer acquired the rights for obesity from Phytopharm for up to $32 million. In 2001, the San people sued the company on grounds of bio-piracy. After long negotiation with the company, the San people received a share of any future royalties. I would like to call this case a win-win game for the user and the providers.







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