Ethical Concerns about Psilocybin Intellectual Property

Summary & key facts

This paper looks at the long history of people trying to patent chemicals from Psilocybe mushrooms. It says that since a 1957 Life magazine story, many patents—some successful—have been filed, including recent ones aimed at using these compounds to treat depression. The authors point out that the Mazatec indigenous people, who cared for and used these mushrooms for centuries, are not included in those patents even though international agreements say indigenous communities should have rights to their cultural knowledge. This raises ethical and legal questions about who benefits from and who controls these traditional medicines.

Key facts:

• A 1957 Life magazine exposé kicked off wide scientific and commercial interest in chemicals from Psilocybe mushrooms.
• Since that story, dozens of patent attempts and some successful patents have covered compounds taken from those mushrooms.
• Some of the most recent patents focus on using those mushroom-derived chemicals to treat depression.
• The Mazatec indigenous communities, who have stewarded these traditional medicines for many generations, are not named as parties to any of these patents.
• International treaties exist that affirm indigenous rights to their cultural and intellectual heritage, but those treaties have not resulted in Mazatec inclusion in the patents discussed in the paper.
• Because the patents do not include the Mazatec, the situation raises ethical concerns about fairness, recognition, and who profits from traditional knowledge.

Abstract

Since a 1957 exposé in Life Magazine, chemical compounds derived from Psilocybe mushrooms have been the focus of dozens of attempted and successful patents, most recently to treat depression. Regrettably, the Mazatec indigenous communities who stewarded these traditional medicines for millenia are not party to any of these patents, despite a number of international treaties asserting indigenous rights to their intangible cultural heritage.

Topics

Chemical synthesis and alkaloids Complementary and Alternative Medicine Studies Psychedelics and Drug Studies

Categories

Clinical Psychology Psychology Social Sciences

Tags

Biology Creativity Cultural heritage Ecology Environmental ethics Hallucinogen Indigenous Intangible cultural heritage Intellectual property Law Philosophy Political science Psilocybin Psychiatry Psychology Public relations Traditional knowledge

Substances

Psilocybin

Conditions & symptoms

Depression Sadness or low mood