Traditional knowledge and intellectual property

Kennedy Institute of Ethics Journal 20 (3):231-249 (2010)
Abstract In a recent article (Brody 2010), I analyzed the debates surrounding charges of biopiracy, that is, charges that developed countries use biotechnology patents to expropriate the biological/genetic heritage of less developed countries. Such charges often are accompanied by the additional charge that biotechnology patents are used to expropriate the traditional knowledge about the use of these resources possessed by indigenous communities in less developed countries. It is this second charge that is the focus of this essay, which will develop both narrative and normative claims. The narrative claim is that various context specific principles about justice relating to traditional knowledge were adopted during the ..
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    Brendan Tobin (2009). Setting Protection of Traditional Knowledge to Rights : Placing Human Rights and Customary Law at the Heart of Traditional Knowledge Governance. In Evanson C. Kamau & Gerd Winter (eds.), Genetic Resources, Traditional Knowledge, and the Law Solutions for Access and Benefit Sharing. Earthscan.
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