Is policy towards intellectual property rights addressing the real problems? The case of unauthorized appropriation of genetic resources
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Agricultural and Environmental Ethics 16 (6):605-616 (2003)
Unauthorized appropriation of geneticresources has been described by the term``biopiracy.'' Technological breakthroughsincluding biotechnological applications canincrease considerably the instrumental value ofbiodiversity as new products or products withnew properties can be made. Nevertheless, itappears that, in most cases, the properties inquestion were already known to the indigenouspeople and used for centuries. The analysisdiscusses both from an economic and an ethicalperspective whether it is just that traditionalknowledge is rewarded. As the conflictintensifies over questions of ownership andcontrol of biological materials, IntellectualProperty Rights are at the center ofcontroversies. The current global systemgoverning biotechnology has largely been shapedby Western expectations and valuations andconsequently has drawn severe criticism. Thecritics doubt both the stability andsustainability of the current patent system andargue for restructuring through benefit-sharingsystems in order to address some of theexisting inequalities. With the help of a casestudy (US patent no. 5,751 on ayahuasca) thetheoretical notion of biopiracy is applied toreal problems.
|Keywords||benefit-sharing biopiracy genetic resources intellectual property rights traditional knowledge TRIPS agreement|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Paul Oldham, Global Status and Trends in Intellectual Property Claims: Genomics, Proteomics and Biotechnology.
David W. Opderbeck, A Virtue-Centered Approach to the Biotechnology Commons (or, the Virtuous Penguin).
Hugh Breakey (2009). Liberalism and Intellectual Property Rights. Politics, Philosophy and Economics 8 (3):329-349.
William T. Gallagher, Strategic Intellectual Property Litigation, the Right of Publicity, and the Attenuation of Free Speech: Lessons From the Schwarzenegger Bobblehead Doll War (and Peace).
Murray Sheard (2007). Sustainability and Property Rights in Environmental Resources. Environmental Ethics 29 (4):389-401.
Hugh Breakey (2010). Natural Intellectual Property Rights and the Public Domain. Modern Law Review 73 (2):208-239.
Nevin M. Gewertz & Rivka Amado (2004). Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property. [REVIEW] Journal of Business Ethics 55 (3):295 - 308.
Rivka Amado & Nevin M. Gewertz (2004). Intellectual Property and the Pharmaceutical Industry: A Moral Crossroads Between Health and Property. [REVIEW] Journal of Business Ethics 55 (3):295 - 308.
Added to index2009-01-28
Total downloads8 ( #138,678 of 1,089,107 )
Recent downloads (6 months)1 ( #69,981 of 1,089,107 )
How can I increase my downloads?