Download Global Biopiracy. Patents, Plants, And Indigenous Knowledge by Ikechi Mgbeoji PDF

By Ikechi Mgbeoji

Criminal keep watch over and possession of crops and standard wisdom of the makes use of of crops (TKUP) is a vexing factor. The phenomenon of appropriation of crops and TKUP, another way often called biopiracy, flourishes in a cultural milieu the place non-Western different types of wisdom are systemically marginalized and devalued as “folk wisdom” or characterised as inferior. worldwide Biopiracy rethinks the position of foreign legislations and criminal options, the Western-based, Eurocentric patent platforms of the area, and overseas agricultural examine associations as they have an effect on criminal possession and regulate of vegetation and TKUP.

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Second, the evolution of modern statehood and the rise of Christian doctrines incompatible with Roman Catholicism challenged the temporal authority of the papacy in medieval Italy. The Church’s intolerance of these new Christian interpretations of the Bible led to a persecution of Italian artisans and innovators who were mostly unorthodox in their religious, scholarly, and scientific beliefs. Hence, due to a combination of these factors, Italian artisans started drifting to Western Europe in search of the proverbial greener pasture and for their personal safety.

43 In this case, the patent on basmati not only appropriated a globally recognized name but also threatened the livelihood of thousands of Punjabi farmers who exported basmati rice. However, as a result of the re-examination application filed by the Indian government through an NGO named APEDA (Agricultural and Processed Food Products Export Development Authority), RiceTec agreed to withdraw the claims. Further, on 29 January 2002, the United States Patent and Trademark Office issued a re-examination certificate cancelling Claims 1-7, 10, and 14-20 (the broad claims covering the rice plant) and amended Claims 12-13 concerning the definition of chalkiness of the rice grains.

For a long time thereafter, Florence stopped issuing patents. 48 It offered protection for a period of ten years to all inventions that passed the examinations of the General Welfare Board. ”56 Philosophies and Theories of Patents Since the emergence of patents in Continental Europe, various theories have been advanced to support the existence and imposition of patents on indigenous and traditional peoples. Theories proffered in defence of the patent system clearly show that it is not ideologically or culturally neutral.

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