This paper analyzes biopiracy and its effects on Indigenous populations through case studies on specific incidences of biopiracy, and an analysis of modern day agro-neocolonialism, seed piracy, and advances in biotech that are changing modern patent landscapes. This paper suggests that current international frameworks are failing to defend against widespread biopiracy due to ineffective cross-cultural application of relevant treaties and differing domestic approaches to intellectual property frameworks. This paper examines the World Intellectual Property Organization, the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights, The Convention on Biological Diversity, The Bonn Guidelines, and The Nagoya Protocol. This paper then makes suggestions for the international community as a whole and for the United States on how to protect against future threats of biopiracy, including technological advancements, such as Digital Sequencing Information (DNA sequencing/synthesis) and CRISPR-Cas9.
Today’s Pirates: Biopiracy, biotech, and the international frameworks that are not up to the challenge.,
15 Hastings Sci. & Tech. L.J. 1
Available at: https://repository.uclawsf.edu/hastings_science_technology_law_journal/vol15/iss1/2