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Intellectual property rights, the bioeconomy and the challenge of biopiracy

Open Access
Article

Abstract

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.

Keywords

Intellectual Property Genetic Resource Traditional Knowledge Plant Genetic Resource Patent System 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Notes

Copyright information

© ESRC Genomics Network 2008

Authors and Affiliations

  1. 1.at the London School of EconomicsBIOS CentreUk

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