Science and Technology Law Commons^™

Misappropriation Of Genetic Resources In Africa: A Study Of: Pentadiplandra Brazzeana,Impatiens Usambarensis, And Combretum Micranthum, Julie Micalizzi

Journal of Law, Technology, & the Internet

"This paper...address[es] three potential cases of misappropriation concerning traditional knowledge and genetic resources of traditional groups in Africa and will explore how the Western patent system enabled,prevented, and corrected misappropriation in the context of these case studies. In all three studies, the patent system failed in misapplying the requirements of patentability and in granting patents for information that is per se unpatentable. However, the unpatentability of these specific instances of traditional knowledge also precludes the indigenous populations from claiming property rights over the information. Without an exclusionary property right, third parties are still able to commercialize the information. While such …