ABSTRACTThis paper examines the concept of biopiracy, which initially emerged to challenge various aspects of the regime for intellectual property rights in living organisms, as well as related aspects pertaining to the ownership and apportioning of benefits from ‘genetic resources’ derived from the world’s biodiversity.This paper proposes that we take the allegation of biopiracy seriously due to the impact it has as an intervention which indexes a number of different, yet interrelated, problematizations of biodiversity, biotechnology and IPR. Using (...) the neem tree case as an example, it describes activists’ use of the term as one that involves a deliberate simplification of science and IPR. Additionally, it argues that in so doing, biopiracy is positioned as a touchstone that mobilizes actors and problems, and ultimately generates ‘solutions’ to the very challenges it creates.The paper will also encourage a view of biopiracy claims that does not always treat them simply as claims of theft, or as a misallocation of benefits, but rather as claims that are designed to raise broader questions about the IPR system itself. It concludes by advocating that, in order to properly understand how to address biopiracy, we must be prepared to move beyond the current narrow readings to develop a more complete picture of the term’s influence in challenging how, and by whom, the decisions about what is natural and what is invented come to be made. (shrink)

Medical humanities have a unique role to play in combating biopiracy. This argument is offered both as a response to contemporary concerns about the ‘value’ and ‘impact’ of the arts and humanities and as a contribution to ongoing legal, political, and ethical debates regarding the status and protection of medical heritage. Medical humanities can contribute to the documentation and safeguarding of a nation or people’s medical heritage, understood as a form of intangible cultural heritage. In so doing it can (...) fulfill a unique service in protecting indigenous cultural heritage which potentially makes it of enormous economic benefit to national governments. I use the Indian Traditional Knowledge Digital Library as a case study of the value of medical humanities in challenging biopiracy. If my argument holds, then the value of medical humanities to current intellectual property debates can be demonstrated, and its pertinence to legal and economic interests made clear. However, there are some dangers in this strategy, and my paper closes with a discussion of them. (shrink)

The last several decades have seen the emergence of intellectual property rights (IPRs), especially patents, as a key issue in developments across the fields of law, the economy and the biosciences, and as part of the burgeoning "bioeconomy". This paper examines how the categories of nature and knowledge, so vital to IPR regimes that support bioeconomy-type projects, are challenged by the allegation of biopiracy. It reflects on the relationship between nature, IPR and the bioeconomy, and presents an example of (...) how the creation of new categories, in this case genetic resources, come to impact on how we come to understand nature in relation to the economy and IPRs. The paper then follows this with an analysis of how knowledge is treated in those same systems, focusing specifically on some of the challenges that arise when attempting to bring traditional knowledge (TK) under the rubric of the IPR system. Finally, it examines the allegation of biopiracy in greater depth, and reflects on how it critiques the way the bioeconomy and the IPR regime treat nature, culture, knowledge, and the relationship between them. (shrink)

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. (shrink)

This article claims that an ‘enclosure of the commons’ is underway, which reaches far beyond intellectual property, to a point where, through profiling, ‘identity’ has itself become enclosed property that can be owned by another. With a detour through the natures of both money and innovation, this paper looks at the imperative driving ‘intellectual property rights.’ By introducing the notion of biopiracy, it shows how ‘invasion of privacy’ is justified, and ends with “a world of rapacious, state-aided ‘privatization’” of (...) enclosed identity: the ultimate identity theft. (shrink)

The issue of biopiracy has attracted considerable attention in recent years. The Convention on Biological Diversity adopted a principle of state sovereignty over biological resources and the genetic information contained within those resources to address this issue. It is argued that this principle has not been adequately justified and that there are other solutions to the issue of biopiracy, based on different theories of justice, that deserve greater consideration. These alternatives include the common heritage of mankind principle and (...) the global commons principle. (shrink)

Biobanking can promote valuable health research that may lead to significant societal benefits. However, collecting, storing and sharing human samples and data for research purposes present numerous ethical challenges. These challenges are exacerbated when the biobanking efforts aim to facilitate research on public health emergencies and include the sharing of samples and data between low/middle-income countries (LMICs) and high-income countries (HICs). In this article, we explore ethical challenges for COVID-19 biobanking, offering examples from two past infectious disease outbreaks in LMICs (...) where biobanking activities contributed to the perpetuation of global inequities. We focus on how the ethical imperative to promote the common good during public health emergencies can conflict with protecting the interests of biobank participants. We discuss how conducting biobank research under a waiver of informed consent during public health emergencies is ethically permissible, provided guidance is in place to prevent biopiracy and exploitation of vulnerable communities. We also highlight the need for biobank collaborations between LMICs and HICs to promote capacity building and benefit sharing. Finally, we offer guidance to promote the ethical oversight of biobanks and biobank research during the COVID-19 pandemic or other future public health emergencies. (shrink)

Increasing awareness of the importance of the biodiversity of the whole global biosphere has led to further awareness that the problems which arise in connection with preservation and exploitation of our planet’s biodiversity are best tackled from a global perspective. The ‘Biodiversity Convention’ and the ‘Human Genome Project’ are some of the concrete attempts at such globalisation. But, while these efforts are certainly very good at the intentional level and on paper, there is, at the practical level of implementation, the (...) danger that globalisation may simply translate into westernisation, given the Western world’s dominance and will to dominate the rest of the globe. How is ‘global bioethics’ to be possible in a world inhabited by different cultural groups whose material situation, powers, ideas, experiences and attitudes differ rather markedly and who are not, in any case, equally represented in globalisation efforts and fora? One index of the pertinence of this question is that talk about biodiversity, biotechnology, biotrade etc. is being increasingly matched by talk about biopiracy, biorade, biocolonialism etc. In this paper, I attempt to explore and develop these very general concerns. (shrink)

Entangled with the interconnected logics of coloniality and modernity, the landscape idea has long been a vehicle for ordering human-nature relations. Yet at the same time, it has also constituted a utopian surface onto which to project a space-time 'beyond' modernity and capitalism. Amid the advancing techno-capitalization of the living and its spatial supports in transgenic seed monopolies, fracking and deep sea drilling, biopiracy, geo-engineering, aesthetic-activist practices have offered particular kinds of insight into the epistemological, representational, and juridical framings (...) of the natural environment. This book asks in what ways have recent bio and eco-artistic turns moved on from the subject/object ontologies of the landscape-form? Moving from botanical explorations of early modernity, through the legacies of mid-twentieth century landscape design, up to artistic experimental recodings of New World nature in the 1960s and 1970s and to present struggles for environmental rights and against the precarization of the living, the critical essays and visual contributions included in Natura attempt to push thinking past fixed landscape forms through interdisciplinary encounters that encompass analyses of architectural sites and artworks; ecocritical perspectives on literary texts; experimental place-making practices; and the creation of material and visual ecologies that recognise the agency of non-human worlds. (shrink)

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 .. (shrink)

If, as Vandana Shiva has argued it in Biopiracy: The Plunder of Nature and Knowledge (1997), that ‘the new colonies are to be found in the bodies of women, plants and animals,’ then what are the new and not yet evidenced consequences of the efforts to make women ‘a site of passivity and negotiation’? There are little to no intergenerational studies of the impact of the chemical load on reproduction and future generations. The erosion of regenerative power, through exhaustive (...) practices as Teresa Brennan describes it in Exhausting Modernity (2000), in a novel way has become a radical form of toxicity that is disproportionally distributed. (shrink)