Biopiracy and beauty brands? patent trends of cosmetics and skin care companies

Abstract

Concerns about the fairness and equity of ‘biodiscovery’ research endure despite the creation of legal frameworks designed to regulate access and benefit sharing involving genetic resources and associated traditional knowledge. While some industries that engage in biodiscovery have been the subject of sustained scrutiny, others have received scant scholarly attention. We evaluate the potential misappropriation of plant biodiversity and traditional knowledge in the cosmetics industry. To do so, we conducted a patent landscape analysis focusing on intellectual property claims that cosmetics firms have made concerning 12 plant species for which there exists extensive traditional knowledge of uses to improve the condition of skin and hair, or for other aesthetic purposes. The results demonstrate that cosmetics companies regularly claim intellectual property for uses of all 12 species, in multiple territories. There is little evidence to suggest that major firms seek prior informed consent for the use of genetic resources or traditional knowledge, or that they share benefits with local providers. The potential that the misappropriation of Indigenous knowledge is occurring in the cosmetics industry has important social and environmental justice implications, and this sector should be subjected to increased scrutiny.