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23 Rich. J.L. & Tech. 1 (2016-2017)

handle is hein.journals/jolt23 and id is 1 raw text is: Richmond Journal of Law & Technology Co-DEVELOPING DRUGS WITH INDIGENOUS COMMUNITIES: LESSONS FROM PERUVIAN LAW AND THE AYAHUASCA PATENT DISPUTE Daniel S. Sem* Cite as: Daniel S. Sem, Co-Developing Drugs with Indigenous Communities: Lessons from Peruvian Law and the Ayahuasca Patent Dispute, 23 Rich. J.L. & Tech. 1 (2016), http://jolt.richmond.edu/wp- content/uploads/volume-23 article 1 Sem.pdf I. INTRODUCTION [11 This paper will examine the issues surrounding the co- development of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same time providing medical benefit to the world. This issue is explored in the context of Peruvian, U.S., and international treaties - especially the TRIPS agreement, the Andean Community, sui generis protections, and the U.S.-Peru Trade Promotion Agreement. [2] Commenters have noted that historically, drug development ventures based on traditional medical knowledge (TMK) from Amazonia had not been pursued in a manner that was fair and just to the indigenous peoples who owned this knowledge.' There are two pragmatic fairness * The author is Dean and Professor of Business, and Professor of Pharmaceutical Sciences, at Concordia University Wisconsin. He would like to thank Dean Arneson, Pharm.D, Ph.D. (Professor and Dean of the CUW School of Pharmacy) for providing the pictures from his trips to Peru, and Professor Kali Murray at Marquette University for many helpful comments and guidance. This research was supported, in part, by National 1 Volume XXIII, Issue I

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