Bio prospecting is a term that is interchangeable with Bio piracy, these are the processes and commercialization of plants and animals including the exploitation of indigenous forms of knowledge through exclusive commercialization. One may question where the richest forms of genes, species and eco systems exist in the forms of bio diversity. Places with the highest forms of biodiversity in the world tend to be concentrated in tropical and sub-tropical regions (Mayer). It is in these places pharmaceutical and biotechnology companies can be found searching the environment for the riches forms of biodiversity resources and indigenous knowledge. Understanding these simple facts immediately brings one to question the ethical implications involved in profit vs. the indigenous people’s rights and respective communities. The knowledge of indigenous people needs to be preserved, shared, and lands protected from bio piracy, with a patent system in place to protect not only the people, but the world.
Who owns traditional indigenous knowledge? In an article prepared by Tonina Simeone for the Parliament of Canada she states;
Unlike the western custom of disseminating knowledge through publication, traditional knowledge systems exist principally in the form of songs, proverbs, stories, folklore, community laws, common or collective property and inventions, practices and rituals. The knowledge is transmitted through specific cultural mechanisms such as those just listed, and often through designated community knowledge holders, such as elders. The knowledge is considered collective to the community, not private to one individual or small group (Simeone).
The traditional knowledge of indigenous people is often found as a profound awaren...
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...nts between patent-holders and source countries is not only a moral issue in terms of uniform protection of rights, but at fundamental level, is necessary for protecting and promoting the livelihoods of the world’s poor (Jiang). Obviously, if the solutions to meet the needs of the world are found in the back yards of indigenous peoples then they may just be more advanced and richer than the industrialized world.
Works Cited
"Intellectual Property Rights In Biotechnology: Addressing New Technology." 1999. Duke University School of Law. 5 May 2014.
Jiang, FeiFei. "The Problem with Patents." 19 December 2008. Havard International Review. 4 May 2014.
Mayer, Natalie. "Earth Month." 2 April 2012. National GeographicChannel. 3 May 2014.
Simeone, Tonina. "Indigenous Traditional Knowledge and Intellectual Property Rights." 17 March 2004. Parliament of Canada. 3 May 2014.
(7) Hall B. Patents and Patent Policy -. 2007. The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the Morse H. SETTLEMENT OF INTELLECTUAL PROPERTY DISPUTES IN THE PHARMACEUTICAL AND MEDICAL DEVICE INDUSTRIES: ANTITRUST RULES. Allison JR, Lemley MA, Moore KA, Trunkey RD. Valuable patents. Geol.
The journey for the Aboriginals to receive the right to keep and negotiate land claims with the Canadian government was long but prosperous. Before the 1970's the federal government chose not to preform their responsibilities involving Aboriginal issues, this created an extremely inefficient way for the Aboriginals to deal with their land right problems. The land claims created by the Canadian government benefited the aboriginals as shown through the Calder Case, the creation of the Office of Native Claims and the policy of Outstanding Business.
Winona Wheeler’s essay, “Cree Intellectual Traditions in History” analyzes the oral history of First Nations Elders. She specifically questions the identities of the Elders telling their story and how they have attained the stories that they are telling. Wheeler’s thesis is that the Elders are not mere storages of knowledge, they are humans. And as the days go on, few of them remain which makes it even more relevant to take in what they have and pass it on to the newer generations.
This paper supports Thomas Flanagan's argument against Native sovereignty in Canada; through an evaluation of the meanings of sovereignty it is clear that Native sovereignty can not coexist with Canadian sovereignty. Flanagan outlines two main interpretations of sovereignty. Through an analysis of these ideas it is clear that Native Sovereignty in Canada can not coexist with Canadian sovereignty.
In the late twentieth century, the field of biotechnology and genetic engineering has positioned itself to become one of the great technological revolutions of human history. Yet, things changed when Herber Boyer, a biochemist at the University of California, founded the company Genentech in 1976 to exploit the commercial potential of his research. Since then the field has exploded into a global amalgam of private research firms developing frivolous, profit-hungry products, such as square trees tailor-made for lumber, without any sort of government regulation.
Isaac, T., Annis, K., & University of Saskatchewan (2010). Treaty rights in the historic treaties of Canada. Saskatoon: Native Law Centre, University of Saskatchewan.
Steckley, J., & Cummins, B. D. (2008). Full circle: Canada's First Nations (2nd ed.). Toronto:
Canada likes to paint an image of peace, justice and equality for all, when, in reality, the treatment of Aboriginal peoples in our country has been anything but. Laden with incomprehensible assimilation and destruction, the history of Canada is a shameful story of dismantlement of Indian rights, of blatant lies and mistrust, and of complete lack of interest in the well-being of First Nations peoples. Though some breakthroughs were made over the years, the overall arching story fits into Cardinal’s description exactly. “Clearly something must be done,” states Murray Sinclair (p. 184, 1994). And that ‘something’ he refers to is drastic change. It is evident, therefore, that Harold Cardinal’s statement is an accurate summarization of the Indigenous/non-Indigenous relationship in
Generations of native people in Canada have faced suffering and cultural loss as a result of European colonization of their land. Government legislation has impacted the lives of five generations of First Nations people and as a result the fifth generation (from 1980 to present) is working to recover from their crippled cultural identity (Deiter-McArthur 379-380). This current generation is living with the fallout of previous government policies and societal prejudices that linger from four generations previous. Unrepentant, Canada’s ‘Genocide’, and Saskatchewan’s Indian People – Five Generations highlight issues that negatively influence First Nations people. The fifth generation of native people struggle against tremendous adversity in regard to assimilation, integration, separation, and recovering their cultural identity with inadequate assistance from our great nation.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
“The recognition of the inherent right of self-government is based on the view that the Aboriginal peoples of Canada have the right to govern themselves in relation to matters that are internal to their communities, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and resources." (Wherrett
“In about half of the Dominion, the aboriginal rights of Indians have arguably been extinguished by treaty” (Sanders, 13). The traditions and culture of Aboriginals are vanishing at a quick pace, and along it is their wealth. If the Canadian Government restore Native rights over resource development once again, Aboriginals would be able to gain back wealth and help with the poverty in their societies. “An influential lobby group with close ties to the federal Conservatives is recommending that Ottawa ditch the Indian Act and give First Nations more control over their land in order to end aboriginal poverty once and for all” (End First). This recommendation would increase the income within Native communities, helping them jump out of
Overall the use of patents is an essential step in the commercialization of any product in the modern scientific environment. It is a method of trying to reduce the doubling up of research and ensuring the correct people are paid for the inventions. It is essential that some basic rules are followed and every idea is scrutinized by an application process.
The West regularly thinks that indigenous knowledge has vanished; there is no indigenous knowledge that exists in the form of ‘folk' knowledge. Science and technology already are an indigenous knowledge (Ellen and Harris2000:5). Within the confusion discussed above different people define indigenous knowledge as follows:
Indigenous Knowledge (IK) can be broadly defined as the knowledge and skills that an indigenous (local) community accumulates over generations of living in a particular environment. IK is unique to given cultures, localities and societies and is acquired through daily experience. It is embedded in community practices, institutions, relationships and rituals. Because IK is based on, and is deeply embedded in local experience and historic reality, it is therefore unique to that specific culture; it also plays an important role in defining the identity of the community. Similarly, since IK has developed over the centuries of experimentation on how to adapt to local conditions. That is Indigenous ways of knowing informs their ways of being. Accordingly IK is integrated and driven from multiple sources; traditional teachings, empirical observations and revelations handed down generations. Under IK, language, gestures and cultural codes are in harmony. Similarly, language, symbols and family structure are interrelated. For example, First Nation had a