Who Speaks for the Tribe? The Arogyapacha Case in Kerala

Francis, Sabil

doi:10.4337/9781849802062.00010

Cited by 3 publications

(2 citation statements)

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“…In Kerala, the Kani tribals had made an informed decision to enter into an agreement with the Jawaharlal Nehru Tropical Botanic Garden Research Institute, with the intention of profiting from it. The money was directed towards setting up hospitals and schools and for even buying TV sets (Francis 2009). Tribal communities exercise their agency and strategically negotiate their contracts with the bioprospectors to derive benefits.…”

Section: Resultsmentioning

confidence: 99%

The Global Quest for Green Gold: Implications of Bioprospecting and Patenting for Indigenous Bioresources and Knowledge

Das

2020

Society and Culture in South Asia

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The article focuses on the commoditisation and appropriation of indigenous bioresources and knowledge under bioprospecting, as facilitated by the Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS has not only broadened the scope for patenting, including patenting of life forms, but also threatened to appropriate and not acknowledge contributions of indigenous communities. There is an asymmetrical economic and legal relationship between communities in the global South and corporates in the global North mediated by a host of institutions, including the states, with their own agendas. The promise of the patenting system is spurring the race for collecting bioresources and knowledge through bioprospecting agreements. As databases of plants used by indigenous communities are established, biological parks are created to sequester regions rich in genetic resources and profits are disproportionately distributed, bioprospecting agreements appear to have heralded a new kind of expropriation. The article critically analyses the ramifications of bioprospecting and subsequent patenting on indigenous community ownership rights over bioresources and knowledge. It also examines indigenous resistance; how communities have asserted their rights to culture as a property against corporate interventions.

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Section: Resultsmentioning

confidence: 99%

The Global Quest for Green Gold: Implications of Bioprospecting and Patenting for Indigenous Bioresources and Knowledge

Das

2020

Society and Culture in South Asia

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“…See e.g. Francis (2009); Krikorian (2009); Sell, supra note 17. Krikorian studies political conflicts around compulsory licensing of medicine patents, and finds that certain social, political, economic, and epidemiological factors are all needed to make use of the flexibilities of TRIPS, and it is not easy.…”

Section: The Development Aspectmentioning

confidence: 99%

The Limits to Law: How Intellectual Properties Are Used and Protected in Chinese Industries

2019

AsianJLS

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Many studies agree that a weak intellectual property right (IPR) legal system likely reduces innovation or creation; they also predict that increasing intellectual properties (IPs) in developing countries will automatically lead to local needs for stronger formal protection. However, the situation is found to be more complex in China. With a focus on the use of IPs and relevant protection mechanisms in China, this study points out that many companies acquire IPs for purposes that do not depend on their enforcement; many companies have informal ways of protecting their IPs without resorting to court enforcement. Both the alternative functions and the alternative enforcement mechanisms are shaped by industrial characteristics, especially in four aspects: technological features, administrative regulation, market characteristics, and network structure. Based on studies of different industrial sectors in China, this article develops a general framework for analyzing the role of IPRs in industrial practice.

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From consent to consultation: Indigenous rights and the new environmental constitutionalism

Eimer

Bartels

2019

Environmental Politics

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International biodiversity politics is traced from the Brundtland Report (1987) to the Paris climate agreement of 2015. While continuously expanding in scope, international biodiversity regulations are gradually losing substance and tend to relinquish the self-determination rights of indigenous peoples with regard to natural resources. The simultaneity of expansion and erosion is surprising in view of the increased participation of indigenous spokespersons at international meetings. These dynamics are explained by the introduction of intellectual property rights for biological resources. The commodification of life forms has triggered an ongoing dynamic by which governments from industrialized and developing countries, transnational corporations, and some NGOs push for the legal codification of neoliberal environmentalism. These findings suggest the emergence of a new environmental constitutionalism, which subdues all spheres of life to economic imperatives and simultaneously co-opts dissenting voices to increase the stability of inherently exploitative structures.

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Who Speaks for the Tribe? The Arogyapacha Case in Kerala

Cited by 3 publications

References 0 publications

The Global Quest for Green Gold: Implications of Bioprospecting and Patenting for Indigenous Bioresources and Knowledge

The Global Quest for Green Gold: Implications of Bioprospecting and Patenting for Indigenous Bioresources and Knowledge

The Limits to Law: How Intellectual Properties Are Used and Protected in Chinese Industries

From consent to consultation: Indigenous rights and the new environmental constitutionalism

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