Maori knowledge under the microscope: Appropriation and patenting of matauranga Maori and related resources

• Autores: Jessica C. Lai, Daniel F. Robinson, Tim Stirrup, Hai-Yuean Tualima
• Localización: Journal of world intellectual property, ISSN 1422-2213, Vol. 22, Nº 3-4, 2019, págs. 205-233
• Idioma: inglés
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• Resumen

  • Since the early 1990s there has been considerable global discussion and debate surrounding biodiscovery activities and the utilisation of both genetic resources (including biochemical derivatives) and associated traditional/Indigenous knowledge (TK/IK). Concerns about misappropriations and biopiracy have often been raised; however it has been difficult to quantify the scale of this problem beyond some common examples and anecdotes. This paper contributes to emerging research in this area (e.g., see Oldham et al. 2013, PLOS One, 8, e78737; and Robinson and Raven, 2017, Aust Geogr, 48, 311) and seeks to quantify patent utilisation of specific GRs where there is documented TK. A patent landscaping approach was undertaken with a focus on plants with associated m?taraunga M?ori (M?ori knowledge) from Aotearoa New Zealand. We explain our methodology and highlight 77 patent families of interest identified through our search. Although the findings are not definitive about misappropriation without additional analysis of the patents? specifications and claims, and sources of m?tauranga M?ori, the data we outline may be useful for drawing out cases of misappropriation and biopiracy. These findings might also be useful for considering the potential implications of these for M?ori claims under the Waitangi Tribunal Wai 262, potential access and benefit-sharing (ABS) systems, and intellectual property regulations or reforms.