(19) See VANDARA SHIVA, BIOPIRACY
: THE PLUNDER OF NATURE AND KNOWLEDGE 7-18 (1997) [hereinafter SHIVA, BIOPIRACY] (arguing that intellectual property rights work to colonize the interior spaces of women, plants and animals, represent an epistemological crisis of "monocultures" of the mind, and produce a narrow vision of innovation based on privatization and profit).
For examples and discussions of perceived instances of biopiracy
, see Lorna Dwyer, Biopiracy
, Trade, and Sustainable Development, 19 COLO.
(26) "EPO Neem Patent Revocation Revives Biopiracy
Debate," Nature Biotechnology 23, no.
permission and payment, is labeled "biopiracy
." (114) Yet the
This Article argues that a legal discussion of biopiracy
should analyze the obligation to disclose the use of traditional knowledge and genetic resources in an invention beyond the sanctions that are attached in case of violation of such obligations as previously discussed at the international level.
(8) Tension and controversy also exist over issues such as biopiracy
, compliance and enforcement.
provides an important instance where it is evident that this is not the case.
Jackson, a former investigative reporter, combed through botanical archives and private letters, and trekked through South America to produce a thorough account of what may be the first case of biopiracy
in the modern era.
There are substantial business risks associated with bioprospecting, not least of which is the potential damage to reputation arising from claims of biopiracy
(the appropriation of rights over indigenous knowledge without compensation to the indigenous groups who originally developed such knowledge).
THE POLITICS OF BIOPIRACY
AND THE RIGHTS OF INDIGENOUS POPULATIONS
of Biodiversity: Global Exchange as Enclosure By Andrew Mushita and Carol B.
Indeed, this is the insight of Shiva's own political act of defining as "biopiracy
" the "patent claims over biodiversity and indigenous knowledge that are based on the innovations, creativity and genius of the people of the Third World." (50) "Since a 'patent' is given for invention," she argues, "a biopiracy
patent denies the innovation embodied in indigenous knowledge." (51)