Combating biopiracy: Use existing IP systems

Concerns over biopiracy have fueled urgent calls for a new system of legal protection for indigenous biological materials and knowledge. Detractors of the current patent systems say that the knowledge of traditional cultures and communities does not readily fit into the industrialized world’s definition of intellectual property (IT); critics argue that existing laws basically promote the interests of the industrialized world. However, intellectual property and technology law expert Charles McManis, J.D., disagrees. More…

Intellectual Property Law and the Protection of Traditional Knowledge

Growing biopiracy concerns have fueled urgent calls for a new system of legal protection for traditional knowledge. Detractors of the current patent systems say that the traditional knowledge of indigenous peoples and local communities does not readily fit into the existing rules of the industrialized world and that these rules basically promote the interests of the industrialized world. However, Charles McManis, J.D., IP and technology law expert and the Thomas and Karole Green Professor of Law at Washington University in St. Louis, argues that “at least in the short run, existing intellectual property regimes offer the most realistic avenue for securing effective legal protection for traditional knowledge holders.”