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From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
Michigan Journal of International Law
The intellectual property landscape is changing. As Jerry Reichman once observed, intellectual property rights were islands in a sea of the public domain until domestic laws expanded to include such “innovations” as business methods, software, scents, and sounds and turned the public domain into a pond surrounded by a continent of rights. Reichman spoke towards the end of the 20th century, and whatever problems accompanied this change, in truth (to paraphrase Voltaire’s view of the Holy Roman Empire), the concept of “intellectual property rights” was predominantly about neither “property” nor “rights” (nor was it always “intellectual”). Rather, copyright, patent, and …
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Michigan Journal of International Law
This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …