19 February 2010
	Antidote for biopiracy Frank Waimer, Karlsruhe, Germany

The article headlined "Biopirates beware" (FM Fox February 5) has a number of inaccuracies. In it, Mariam Mayet, lawyer for the African Centre for Biodiversity (ACB), claims she won a patent case against Schwabe Pharmaceuticals in Germany. This is not correct. It is true that the EU patent application for a specific method of manufacturing extracts from Pelargonium sidoides - rather than a patent of the plant itself, which is not possible - was revoked by the European Patent Office (EPO). However, the revocation was based on technical grounds raised by three European competitors and not on the spurious biopiracy claims made by the ACB. What is of particular importance for us with regard to the EPO's ruling is that it rejected the accusation of biopiracy, that is, the charge of illegal acquisition of genetic resources and traditional knowledge. The EPO made it clear that the way of manufacturing is new, does not use traditional knowledge and complies with the SA legal requirements, which includes all the relevant permits. Independent reports have confirmed that Pelargonium sidoides, while indigenous to SA, is not particular to any community. The EPO confirmed the collection of plants for Schwabe is sustainable. In fact it promotes the sustainability of both the plant and the communities collecting it on our behalf. The Editor: Error regretted