作者: James Ming Chen
DOI:
关键词: Bioprospecting 、 Intellectual property 、 International law 、 Law and economics 、 Allegation 、 Rhetorical question 、 Narrative 、 Engineering 、 Property (philosophy) 、 Praise 、 Social psychology
摘要: Tales of northern exploitation biological wealth and ethnobiological knowledge from the global south have become so frequent, familiar, uniform that allegations biopiracy now follow a predictable script. I come not to praise narrative, but bury it. Most are thoroughly riddled with inconsistencies outright lies entire genre, pending further clarification, must be consigned realm rural legend. Despite its implausibility, however, accusations set rhetorical baseline in many debates within international law environmental protection intellectual property. The time has dismantle myth root branch.This article assesses claims according layered model information platforms. Every platform consists three distinct layers - physical, logical, content is no exception. conventional distinction between phenotypes genotypes separates physical logical layer individual specimens species at large. Ethnobiological best characterized as inventive transformation genetic into commercially valuable applications. An appropriately utilitarian view property relationship each dissolves any allegation biopiracy.Moreover, this considers what proponents narrative been seeking how community might give it needs (if necessarily wants). Although overarching goal compensating traditional communities for their contribution storehouse remains out reach moment, more modest ways beneficial intermediate objectives quite feasible. Simple reforms existing patent can prevent outsiders securing already developed by communities. In addition, countries rich poor should develop framework regulating practice bioprospecting encourage professionalization parataxonomy.