Using automated patent landscaping and legal geography analysis to spot biopiracy activities in the island of Hispaniola

Abstract

This paper reports on an automated patent landscaping and legal geography analysis to scrutinize the biopiracy of endemic plants in the island of Hispaniola (Haiti and the Dominican Republic). My analysis relies on shrubs and flowers that may be reaped without a fair and equitable distribution of benefits. My findings highlight that Western pharmaceutical and biotechnology companies' innovations may overlap sovereign states’ intellectual property rights, implying that regulatory gaps must be filled to empower local communities to benefit from biodiversity and ecosystem services. Therefore, I suggest that the island adopt effective and consistent access and benefit-sharing policies, including mechanisms that encourage environmental protection and require prior informed consent and mutually agreed terms for utilizing genetic resources. I also suggest the introduction of disclosure of origin and/or source of genetic resources in their respective patents regime to ensure that Convention on Biological Diversity regulations and other related international frameworks can be followed.