About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

32 N.Y.U. J. Int'l L. & Pol. 1119 (1999-2000)
Trade Secrets: The Secret to Protecting Indigenous Ethnobiological (Medicinal) Knowledge

handle is hein.journals/nyuilp32 and id is 1129 raw text is: TRADE SECRETS: THE SECRET TO PROTECTING INDIGENOUS ETHNOBIOLOGICAL (MEDICINAL) KNOWLEDGE GELVINA RODRIGUEZ STEVENSON* I. INTRODUCrION Intellectual property is one of the fastest growing areas of law. The idea of applying intellectual property laws to protect indigenous ethnobiological knowledge' from exploitation is spreading as pharmaceutical companies and other major cor- porations earn greater profits from plant research in the devel- opment of medicine.2 An active debate is underway in legal scholarship as to whether intellectual property is the appropriate method to protect indigenous ethnobiological knowledge. The common arguments in support of applying intellectual property laws to ethnobiological knowledge are based on the belief that doing * J.D. 1999, NewYork University School of Law; M.P.A. 1999, Princeton University. The author would like to thank her family, the staff of theJournal of International Law and Politcs, and Professor William Nelson for his seminar on legal scholarship. 1. Indigenous ethnobiological knowledge in this Note refers to medici- nal knowledge held by indigenous communities. Thiile it is difficult to pre- cisely define indigenous communities, this Note adopts the definition de- veloped by a leading United Nations study on indigenous populations: in- digenous communities, peoples, and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that devel- oped their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories. They form, at present, non- dominant sectors of society and are determined to preserve, develop, and transmit to future generations, their ancestral territories and their ethnic identity, as the basis of their continued e.istence as peoples, in accordance with their own cultural patterns, social institutions, and legal systems. This definition was developed to preserve for indigenous communities the sover- eign right and power to decide who belongs to them, without external inter- ference. JOSE R. MARTn4EZ COBO, STUDY OF THE PROBLE~t OF DISCRMINATION. Ai r INDIGFNOUS PoPULArioNs at 29, U.N. Doc. E/CN.4/Sub.2/1986/7/ Add.4, U.N. Sales No. E.86XIV.3 (1987). 2. Dr. Syed Wajd H. Pirzada, W/'O and Detdoping Econonics Bus. RE. CODIER, April 29, 1999 (noting that world pharmaceutical and agricultural industries are earning more than $100 billion in value every year by develop- ing drugs from medicinal plants). 1119 Imaged with the Permission of N.Y.U. Journal of International Law and Politics

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most