THE CUPUAÇU CASE
(pronounced "coo poo uh sue") |
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Cupuacu (Theobroma
Grandiflorum) is a small to medium tree in the Rainforest canopy
which belongs to the Cocoa family and can reach up to 20 meters
in height. Cupuacu fruit has been a primary food source in the Rainforest
for both indigenous peoples and animals alike. The Cupuacu fruit
is known for its creamy exotic tasting pulp. The pulp is used throughout
Brazil and Peru to make fresh juice, ice cream, jam and tarts. The
fruit ripens in the rainy months from January to April and is considered
a culinary delicacy in South American cities where demand outstrips
supply. |
Traditional use
Indigenous peoples as well as local communities along the Amazon have
cultivated Cupuacu as a primary food source for generations. In former
times, Cupuacu seeds were traded along the Rio Negro and Upper Orinoco
rivers where indigenous people drink Cupuacu juice after it has been blessed
by a shaman to facilitate difficult births. The "beans", are
utilized by the indigenous Tikuna people for abdominal pains. **
Economic potential - Cupuaçu Chocolate
Because of the close relationship to the cocoa-tree (Theobroma cacao
L.) , in addition to pulp production the seeds of T. grandiflorum
(ca. 20 % of fresh weight) can be used for manufacturing chocolate-like
foodstuffs. There are initiatives throughout Brazil to develop Cupuaçu
Chocolate, in Brazil also known as "Cupulate".
In Japan this product is already being produced and commercialized. Only
in the first quarter of the year 2002, the Amazon state exported 50 tons
of cupuaçu seeds to Japan.
It is expected that the Japanese will buy approximately 200 tons of cupuaçu
seeds for chocolate production next year. Once again, Brazil assumes the
insignificant role of a supplier of raw material.
Cupulate - Invention of Japanese and American
companies?
There is a series of patents on the extraction of the fat from the cupuaçu
seeds and the production of cupuaçu chocolate. (see table below).
Almost all of them were registered by the company ASAHI Foods Co., Ltd.
from Kyoto, Japan.
The alleged inventor, Mr. Nagasawa Makoto is at the same time director
of ASAHI Foods and owner of the US company "Cupuacu International
Inc" that holds another world patent on the Cupuaçu seed.
(click here for the
homepage of Cupuacu International Inc)
Cupuaçu - Registered Trademark in Japan,
USA and Europe
Besides the patents, ASAHI Foods Co., Ltd. has registered the plant name
"Cupuaçu" as a Trade mark for various product classes
(including chocolate) in Japan, the European Union and in the US.
It was told us that the lawyers of ASAHI Foods Co., Ltd. threatened with
fines of 10.000$ a company that sells cupuaçu jelly in Germany
(another holder of the trademark "cupuaçu") because of
the use of the name "cupuaçu" on the label.
In conclusion, there is a dispute going on in the EU over the rights of
the use of the word "Cupuaçu" for certain products. When
checking out export possibilities for sweets and other Cupuaçu
products to Germany, Amazonlink.org was told to let the word "Cupuaçu"
under no circumstances appear on the product.
Click
here for Consultation of trademarks in the European Union
(Type Cupuaçu or Cupuacu and click the search button)
Click
here for US trademarks
( Click "Search Trademarks TESS" -> "New User Form Search"
)
PATENTS ON CUPUAÇU
Registered by |
Registered
where |
Publication date |
Title |
Number
(Click the number for more information
from esp@cenet)
|
| The Body Shop International Pic* |
United Kingdom |
05/08/1998 |
COSMETIC COMPOSITION COMPRISING CUPUACU EXTRACT
|
GB
2321644A |
| Asahi Foods Co., Ltd* |
Japan |
30/10/2001 |
LIPIDS ORIGINATING FROM CUPUAÇU, METHOD OF
PRODUCING THE SAME AND USE THEREOF
|
JP
2001299278 |
| Asahi Foods Co., Ltd* |
Japan |
18/12/2001 |
OIL AND FAT DERIVED FROM CUPUACU - THEOBROMA GRANDIFLORUM
SEED, METHOD FOR PRODUCING THE SAME AND ITS USE
|
JP2001348593 |
| Asahi Foods Co., Ltd* |
European Union |
03/07/2002 |
FAT ORIGINATING IN CUPUASSU SEED, PROCESS FOR PRODUCING
THE SAME AND USE THEREOF
|
EP
1219698A1 |
| Asahi Foods Co., Ltd* |
WIPO - worldwide |
03/07/2002 |
FAT ORIGINATING IN CUPUASSU SEED, PROCESS FOR PRODUCING
THE SAME AND USE THEREOF
|
WO0125377 |
| Cupuacu International Inc* |
WIPO - worldwide |
17/10/2002 |
CUPUA SEED-ORIGIN FAT, PROCESS FOR PRODUCING THE
SAME AND USE THEREOF
|
WO02081606 |
*We do not know if, or to what extent
the term biopiracy applies to each of the holders of patents and trademarks
here mentioned. However we consider questionable the patenting and registering
of trademarks over plants that are traditionally used by the inghabitants
of the Amazon. We invite the holders of these rights to write a comment
to defend themselves.
Amazonlink.org does not accept any responsibility for possible consequences
of errors or omissions in the provided information.
**References/Footnotes:
- Balee, William. 1994. Footprints of the Forest.
Columbia University Press, New York.
- Schultes, R.E, and Raffauf, R.F. 1990 The Healing
Forest. Dioscorides Press
- Balee, W., and D. Moore. 1991. Similarity and
variation in plant names in five Tupi-Guarani languages (eastern Amazonia).
Biological Sciences 55(4):209-262
- Smith, Nigel, et.al., 1992, Tropical Forests and
their Crops, Comstock Publishing, New York
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