According to their traditions, the individuals in the traditional communities do not and cannot own the natural resources and the knowledge associated with the biodiversity. The natural resource and the knowledge are the common property. This is held by the community collectively for the welfare of all. There are certain individuals or families who hold specialized knowledge. This is passed on to their progeny to transmit the knowledge to subsequent generation. This knowledge too is held in trust for the benefit of the community. The knowledge is not to be privatized and commercialized.

There has been an intense debate on bringing such traditional knowledge under the intellectual property regime so that these can be commercialized. A predominant concern has been about the rights of the holders of these knowledge and related biodiversity. The prior informed consent of the owners or holders of this knowledge is to be obtained. A share in the profits that results from the commercialization of the knowledge and related natural resource are also to be given to the community. However, governments are yet to firmly incorporate these in their national laws. Nevertheless, these have become accepted principles internationally.

When the biological materials and related knowledge, whether it is microorganisms, plants or animals, are acquired without the explicit prior informed consent of communities, then it is called biopiracy. It is implied that such acts are not ethical or moral. Hoodia gordonii, an African plant from the Kalahari Desert, became world renown for its role as an active appetite suppressant. This knowledge belonged to the San people. The Hoodia gordonii extract became the main ingredient for a number of weight loss products. When the media raked up the issue that neither were the San people acknowledged not were they given a share in the profit, this was soon rectified. There have been similar isolated cases of acknowledgement and benefit sharing as Arogyapacha in India.

The principles such as prior informed consent and equitable sharing of the benefits got enshrined as principles in the Convention on Biological Diversity (CBD). This convention became operational in 1993. The only countries who are yet to ratify this Convention are Andorra, Somalia, Brunei, United States and Iraq. All countries, under this Convention, had the right to control as well as regulate the commercial exploitation of its natural resources and indigenous knowledge on these resources. Prior informed consent and share in their profits were required to be offered by the bioprospectors. The national governments are expected to control and regulate access to the resources and knowledge.

Today’s market offers a lot of remedies for obesity. But among all these, natural remedies, especially the Hoodia Extracts, are safer and more effective to use compared to the chemical treatments.

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