An Autonomy-Based Justification for Intellectual Property Rights of Indigenous Communities
Environmental Ethics 21 (2):177-190 (1999)
| Abstract | The claim that indigenous communities are entitled to have intellectual property rights (IPRs) to both their plant varieties and their botanical knowledge has been put forward by writers who wish to protect the plant genetic resources of indigenous communities from uncompensated use by biotechnological transnational corporations. We argue that while it is necessary for indigenous communities to have suchrights, the entitlement argument is an unsatisfactory justification for them. A more convincing foundation for indigenous community IPRs is the autonomy theory developed by Will Kymlicka | |||||||||
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Anthony J. Stenson & Tim S. Gray (1999). An Autonomy-Based Justification for Intellectual Property Rights of Indigenous Communities. Environmental Ethics 21 (2):177-190.
Andrew Hunter (2007). Indigenous Peoples' Intellectual Property. The Proceedings of the Twenty-First World Congress of Philosophy 3:97-103.
Roy W. Perrett (1998). Indigenous Rights and Environmental Justice. Environmental Ethics 20 (4):377-391.
Roy W. Perrett (1998). Indigenous Rights and Environmental Justice. Environmental Ethics 20 (4):377-91.
Megan Jane Davis, Indigenous Rights and the Constitution: Making the Case for Constitutional Reform.
Susan Dodds (1998). Justice and Indigenous Land Rights. Inquiry 41 (2):187 – 205.
Eveline Bruijn & Gail Whiteman (forthcoming). That Which Doesn't Break Us: Identity Work by Local Indigenous 'Stakeholders'. Journal of Business Ethics.
D. B. Resnik (2003). A Pluralistic Account of Intellectual Property. Journal of Business Ethics 46 (4):319 - 335.
Bette Jacobs, Jason Roffenbender, Jeff Collmann, Kate Cherry, LeManuel Lee Bitsói, Kim Bassett & Charles H. Evans (2010). Bridging the Divide Between Genomic Science and Indigenous Peoples. Journal of Law, Medicine and Ethics 38 (3):684-696.
Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
Chris Durante (2009). Agreeing to Disagree: Indigenous Pluralism From Human Rights to Bioethics. Journal of Religious Ethics 37 (3):513-529.
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