Intellectual property rights – galip challenges

 By Godfrey Hannet

THIS article highlights issues and challenges in relation to Intellectual Property Rights (IPR) and the vulnerability of Papua New Guinea and other Pacific Island countries to the scientific and commercial exploitation of biological resources and associated knowledge in the development of drugs and related pharmaceutical products. 

IPR is very broad and complex. It covers patents, trademarks, plant breeder’s rights, geographical indication, copyright, trade secrets and other types of rights that the law gives for the protection of investment in creative effort and knowledge creation. 

In simple terms IPRs are the rights given to persons over the creations of their minds; usually in the form of a limited ‘exclusive right’ (granted under national law) and given to the creator over the use of their creation for a certain period of time. 

These IP rights exist by law in PNG and the Intellectual Property Office of Papua New Guinea is the custodian of these IP laws. 

Many Papua New Guineans do not understand the importance of intellectual property (IP). There is lack of appreciation of IP as an important tool in trade and investment and in everyday life therefore there are widespread IP infringement activities, especially in the reproduction and sale of counterfeit and pirated products.

The concept and development of IPR has never featured prominently in PNG for a very long time. Even though, the trade marks legislation has been in force for the last 30 years or so, the idea of establishing a full intellectual property regime was not considered seriously by the Government.

The situation changed in the last decade as the Government began to realise the importance of participating in the global economy and establishing trade relations with other countries and relevant international organisations.

The Solomon Islands IP controversy brought to light the importance of IPR.

The controversy over the ngali (galip) nut patent is the latest in a string of disputes where traditional remedies, foodstuffs or knowledge have been patented by non-traditional parties. In the late 1990s, a patent was first taken on the ngali nut in the Solomon Islands by someone who was operating a pharmacy there. The patent was taken out in more than 15 countries to use the ngali nut oil as part of an arthritis relief preparation. 

A patent is granted by a state to owners of inventions to protect them against others from making, using or marketing their inventions.

The scope of protection offered by the patent is determined by what is outlined in the patent and lasts for 20 years. 

The key claims of the ngali nut patent centred on the use of the ngali nut oil as a form of therapy for arthritis and similar conditions (such as rheumatism, osteoarthritis and rheumatoid arthritis). The patent covered the relevant composition of the preparation. The patent identified three the canarium species and four countries (Solomon Islands, Vanuatu, PNG, and the Philippines).

The granting of a patent was initially intended to reward an inventor for exclusively making use of a new invention for a given period of time in exchange for disclosure of the innovation so that the society at large could benefit and make use of it. 

This meant that the ngali nut patent provided an exclusive right to prevent others from making, selling, distributing or using the invention with license or authorisation for a fixed period of 20 years. The application only allowed others to use the invention in return for royalties. 

We have now begun to realise that the issue of IP rights protection is not an abstract or remote one, but an immediate and practical issue that impacts on trade and investment. It goes to the heart of a country’s economic well-being. The promotion of IP component in export is integral to add and develop IP assets and systems that assist in building the competitiveness in the export industry and accelerate transformation into well-develop countries.

The strategic use and management of IP – in business as well as in national research initiatives is essential for strengthening the national scientific and technological base, boosting innovation and ensuring growth in PNG. 

In this context a new PNG Framework Programme for Research and Innovation, places more emphasis on systematic IP exploitation strategies as a means to better protect innovation initiatives and to reap commercial and economic benefits from the biological resources in the country.

The ngali nut patent is a lesson for the PNG Government and relevant agencies to look more closely at the laws they have in place to protect plant genetic resources traditional knowledge. It may prompt modifications to existing laws to ensure that similar problems do not arise in PNG.

NARI is working with IPOPNG to take action to protect galip nut from being exploited. 

• To our valued readers, this is the final article that wraps up our series of articles focusing on NARI’s canarium (galip) research. For more information, please contact, National Agricultural Research Institute, Island Regional Centre – Kerevat on 983 9145 or 983 9200; Fax 983 9129 or email the principal scientist Tio Nevenimo – [email protected]