Abstract

http://ssrn.com/abstract=1722823
 


 



Misappropriation of Shuar Traditional Knowledge (TK) and Trade Secrets: A Case Study on Biopiracy in the Amazon


Winston P. Nagan


Levin College of Law (University of Florida)

Eduardo J. Mordujovich


University of Florida

Judit K. Otvos


University of Florida

Jason Taylor


University of Florida

2009

Journal of Technology Law and Policy, Vol. 15, No. 9, 2009

Abstract:     
Where the murkiness of biopiracy as a general matter leaves little room for legal theory to anchor, the relative clarity of specific instances of biopiracy may provide sufficient factual information from which to develop appropriate legal theories. In particular, the way biopiracy has been used to misappropriate the traditional knowledge (TK) of the Shuar Nation of Ecuador suggests that there may be legal theories for which the process of misappropriation may give rise to liability under international law as well as under developments in the domestic laws of the United States and Ecuador. The possible efficacy and legal coherence of any such theory are dependent upon an understanding of the background of the problem of biopiracy, the general and specific methods used by biopirates, and a clarification of the nature of the interests in question as misappropriated property.

Number of Pages in PDF File: 54

Keywords: biopiracy, indigenous peoples, legal theory

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Date posted: December 11, 2010  

Suggested Citation

Nagan, Winston P. and Mordujovich, Eduardo J. and Otvos, Judit K. and Taylor, Jason, Misappropriation of Shuar Traditional Knowledge (TK) and Trade Secrets: A Case Study on Biopiracy in the Amazon (2009). Journal of Technology Law and Policy, Vol. 15, No. 9, 2009. Available at SSRN: http://ssrn.com/abstract=1722823

Contact Information

Winston Percival Nagan (Contact Author)
Levin College of Law (University of Florida) ( email )
P.O. Box 117625
Gainesville, FL 32611-7625
United States
Eduardo J. Mordujovich
University of Florida
Gainesville, FL 32610-0496
United States
Judit K. Otvos
University of Florida
Gainesville, FL 32610-0496
United States
Jason Taylor
University of Florida
Gainesville, FL 32610-0496
United States
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