Biopiracy - Appeal Court gives historic judgement | Sunday Observer

Biopiracy - Appeal Court gives historic judgement

22 October, 2017

A commendable step in the right direction has been taken with the acknowledgement of biopiracy, which will help immensely in saving Sri Lanka’s native flora and fauna, environmentalist and senior lawyer Jagath Gunewardena told the Sunday Observer.

Speaking on the recent judgment of the Court of Appeal, affirming the stance of the Department of Wildlife that the export of Kotalahimbutu was illegal, he said that the decision of the Court was historic, as it has affirmed the protection afforded to top protected plant species.

Under the Flora and Fauna Protection Ordinance, as amended in 2009, Kotalahimbutu is a protected plant, which makes it illegal to export the plant or any part of it.

The Court of Appeal made this judgment on August 31, 2017, on writ petition No. 127/2017.

The writ was ironically filed by a private company, exporting Kotalahimbutu to Japan, citing eight respondents including Director General of Sri Lanka Customs and Director General of the Department of Wildlife.

Gunawardana said, “This is the first time that the State has shown and the court has accepted what is known as biopiracy.”

Biopiracy is the exploitation of intellectual property rights of biochemical compounds and genetic material found in plant and animal species, indigenous to a country, in this case, Sri Lanka.

Gunawardana said

that the State has expressed that it is vital such protective measures are taken to ensure the ultimate beneficiary of proceeds from plants such as Kotalahimbutu, which are for the people of Sri Lanka and not foreign-based private companies.

Sri Lanka Customs, Biodiversity, Cultural

and National Heritage Protection Branch, Director General, R. D. A. M. G. Niyarepola said that Court of Appeal judgment has authorized the action taken by the Customs in maintaining the stance of the Department of Wildlife.

“This judgment has strengthened our stance and we will stop further exports of Kotalahimbutu,” he said.

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