Beruflich Dokumente
Kultur Dokumente
The 1ac claims that the stigma of piracy is unjustified and that pirates should be
explored
Layton 11 (Simon, faculty of history at the University of Cambridge, historian, Discourses of Piracy in an Age of
Revolutions, http://www.academia.edu/3465172/Discourses_of_Piracy_in_an_Age_of_Revolutions)
The stigma of piracy, writes Sugata Bose, has provoked heated historical and political
debate without always shedding much new light on its meaning and
substance." As a stigma, it has not only misrepresented the morality and
motives of so-called pirates, but has also succeeded in ascribing an air of
criminality to their activities, in an absence of any law
In the late 1990s a Swiss national went to the Simanjiro region of Tanzania to study
the properties of the Oloisuki tree. He sent several samples back to Switzerland
where it has since been processed and turned into syrup that is used as an additive
in fruit juices, teas and toiletries. By doing this he violated Access and Benefit Sharing laws and
Tanzanian customary laws, which in an interview with LIRDO (a local NGO), he later denied having any knowledge
of. Access and Benefit Sharing laws regulate access to genetic materials and traditional knowledge and also ensure
and Applied Sciences and Makerere University Medical School confirmed the effectiveness of Oloisuki for treating
The Maasai people have seen very little compensation for the use of the
It is a plant that has great historical and cultural value. Their traditional
knowledge regarding the properties of the tree was utilized for the production of
Oloisuki products in Switzerland. There are international laws such as the Convention on Biological
malaria and measles.
Oloisuki tree.
Diversity, which state that traditional knowledge may only be used by corporations if indigenous populations have
given their informed consent. The Maasai did not give their informed consent for the harvesting
and use of the Oloisuki tree and are demanding a patent that will provide appropriate economic compensation.
Initially, the poorest women of the Maasai tribes were assigned the task of harvesting the Oloisuki tree as part of a
project that was supposedly aimed at improving gender equality. These women were minimally compensated for
their work. The Maasai people are semi-nomadic and rely upon subsistence farming and pastoralism for their
livelihood. They live in regions of Tanzania and Kenya where access to clean water is frequently limited due to
modernization and the loss of their traditional lands to national parks and conservation, the Maasai way of life as
farmers and pastoralists is continually threatened. The Maasai as a people are increasingly impoverished and are in
as many NGOs and developing nations call it, is one that is growing in scale as large multi-national corporations and
pharmaceutical companies continue to search for new ways to make profit via the appropriation of biological
materials. Bioprospecting is the process of appropriation and commercialization of natural products ranging from
plants and animals to genes, many of which are found in the biologically diverse developing world. Often,
bioprospecting includes the use of traditional knowledge derived from indigenous peoples who have used plants as
a part of their culture for the purposes of healing, and becomes biopiracy when due credit is not given. Essentially ,
protect indigenous populations against biopiracy, these laws are easily and frequently circumvented. A negative
patent holder. In some cases, the patents also result in inflated prices and indigenous groups may be unable to
afford them. The problem that patents pose to these fragile healthcare systems is one that is largely unaddressed
by patent holders. Some of the more infamous examples of the harm caused by patenting to indigenous
populations include restrictions on the use of the neem tree that the indigenous populations of India and Nepal are
facing due to the patents of W R Grace and Co, and the use of the Duboisia plant by Aboriginal groups in Australia
for its uses as a sedative and in motion sickness medication.
the use of the product or process, potentially creating a large drain on developing countries foreign exchange, and
have been using traditional knowledge for many generations could face restrictions
on doing so in the future. Typical examples include a US patent on the use of turmeric for healing wounds
(although this was successfully challenged by the Indian government), a Japanese patent on the anti-diabetic
properties of banana (traditionally used as herbal medicine in the Philippines), and the US patenting of a protein
from a native strain of Thai bitter gourd (after Thai scientists found its compounds could be used against HIV
biological resources and processes, as living organisms are qualitatively different from non-living materials, and
knowledge relating to biological processes and materials cannot therefore qualify as an "invention", as required in
patent legislation. What, therefore, can be done to counter the misappropriation of IK by powerful corporations and
institutions? Firstly,
Several developing
countries are also proposing that a measure be introduced into the WTO requiring
the prior approval of countries of origin before patent applications involving a biological resource, or
varieties in a way that also protects the knowledge and innovations of local communities.
traditional knowledge about its use, are granted. This would enable countries of origin either to prevent such patent
applications, or to require benefit-sharing arrangements with the applicants. Developed countries should support
not block this proposal. As part of the implementation of the Convention on Biological Diversity, developing
countries should also establish national arrangements for collecting and using biological resources and the
knowledge associated with them, as well as for sharing the benefits from any commercial transactions with those
communities which have developed this knowledge. Unfortunately current efforts by individual countries to review
their national laws on intellectual property, in order to bring them in line with their obligations under the TRIPS
agreement, is likely to accelerate the biopiracy phenomenon. For this process now requires countries that
previously forbade the patenting of life to allow patents on certain types of organisms and living processes. With
careful and intelligent legal and policy choices, developing countries can avoid some of the worst dangers that can
a fundamental
revision of multilateral trade rules is essential if the injustice inflicted by biopiracy
on local communities and their indigenous knowledge is to be corrected.
arise from the implementation of their obligations under TRIPS. In the long run, however,
2nc
It
is estimated that 870 million people go hungry every day whilst 1.7 billion are
considered obese. Why is it then that we have this scarcity amidst abundance? Its not a production
problem but a distributional problem, an income problem. The people that need the food
arent getting it while transnational corporations accumulate through the piracy of
indigenous knowledge. A popular argument is that GMOs will feed a growing population. However, between
grossly unequally distributed and this is facilitated through unequal power structures that remain unchallenged.
30 and 50 percent of food produced globally never makes it to a plate. In the UK as much as 30 percent of
vegetable crops are not harvested due to their not-quite-perfect physical appearance; we dont want cock-eyed
carrots or lopsided leeks thwarting our impeccably precise dinner plates. Furthermore, this colossal figure doesnt
even reflect the fact that vast amounts of land, energy, fertilisers and water have also been lost in the production of
foodstuffs which simply end up as waste. I think it is this aspect of our consumer culture that needs to be
dramatically changed, not the genes of crops that have yet to reach the soil, nor the lives of farmers and their
replaced by the vacancy of targeted life forms whilst the occupation of seeds by transnational corporations, like
Impact s/v
Biopiracy allows rich countries to strip developing nations and
indigenous people of resources, widening the 1st/3rd world
divide and causing unjustifiable structural violence
Staral and Sekerak 12
Johanna Marie Staral and Jean Ann Sekerak, 2012, FIGHTING BIOPIRACY AT THE SOURCE: SENSITIZING INDIGENOUS
COMMUNITIES TO WESTERNIZED INTELLECTUAL PROPERTY RIGHTS AND THE THREAT OF BIOPIRACY,
https://www.academia.edu/1115515/FIGHTING_BIOPIRACY_AT_THE_SOURCE_SENSITIZING_INDIGENOUS_COMMUNITI
ES_TO_WESTERNIZED_INTELLECTUAL_PROPERTY_RIGHTS_AND_THE_THREAT_OF_BIOPIRACY [Case Western Reserve
University School of Law (USA) International Partners in Mission (USA)]
are in danger .
cultures it effects, ignoring the human rights principles espoused in the Covenant on Social, Economic and Cultural
traditional use of plants pertains to the culture of a people, it seems beyond doubt that biopiracy constitutes both
an individual and collective violation of an internationally recognized and protected right to culture. Even though
economic, social and cultural rights have traditionally been marginalized in the human rights discourse and praxis,
there is no doubt among scholars that they are human rights in the full sense of the term, with all the legal
Protection The preservation of biological diversity is important for the entire human population, as evidenced by the
emergence of international treaties like the Kyoto Protocol and the Convention of Biological Diversity. 14,15
However, recent technological advances have put added strain on environments where biological materials are
the world economy. Sovereign states control access to their resources and have used this positionof power as a
means of gaining some leverage in negotiating political and economic relations. 1 I f done correctly,developing
countries can create regulations that will utilize biological resources responsibly through conservation practices that
will provide lasting economic benefit. 17 I t is imperative that indigenous populations are included in
thedevelopment of these regulations, as they are perhaps the best suited to be the stewards of the developing
worlds biological diversity, having both a vested interest in conservation as a means of preserving their heritage
and as arenewable source of income
Developed nations have a long history of exploiting indigenous populations for their
own personal benefit. Whereas the ill treatment was once centered on acquiring land and natural resources,
the latest developments suggest a new form of abuse: biopiracy. News of the exploitation of an Ecuadorian
indigenous group at the hands of a coalition of American-based organizations has recently come to light. Though
Institute.[2] The Facts From 1990 to 1991, it is estimated that as many as 3,500 blood samples were drawn from
Germany, Brazil, and Canada, also bought the Huaorani DNA samples for further medical experimentation. Many of
these global scientists believe that Huaorani members could possess an auspicious genetic mutation which affords
them immunity to certain diseases like hepatitis, though this theory has yet to be scientifically proven.[6] The
Morality of Medicine If this supposed biological immunity is actually a reality, then the research would result in
enforced in this particular situation, Ecuador does have laws against biopiracy that are in place to deter this exact
behavior. Article 66 (3)(d) of Ecuadors Constitution explicitly prohibits the use of genetic material and scientific
the
Coriell Institute ultimately stole DNA, thus irrefutably violating the Huaoranis basic
human rights. Biopirating the Huaorani Biopiracy, also known as bioprospecting, is legally defined as failing to
experimentation that undermines human rights.[7]Looking closely at the facts of the case, it is evident that
obtain permission to collect samples, failing to disclose ones motivations in collecting samples, failing to follow
national laws, or failing to follow [a] companys self-regulatory guidelines.[8] Usually, the term is more commonly
used to refer to the theft or privatization of biological materials, such as endemic vegetation. In this scenario,
however, the expression is very fitting.[9] In fact, the actions of the Coriell Institute could warrant the creation of a
new sub-genre known as genetic biopiracy. In recent years, biopiracy has become an increasingly prominent issue
medicinal components and oftentimes overpower indigenous objections because they can afford the expensive
patents and necessary extraction procedures that indigenous populations cannot.[10] Additionally ,
if not
reported properly, these transgressions can be overlooked by a countrys national
government, and native populations are consequently left without adequate legal representation.
Alt discourse
Biopiracy destroys indigenous culture public criticism and
discussions are key reverse the trend of biocolonialism
Tedlock 06
Barbara Tedlock, May 2006, Indigenous Heritage and Biopiracy in the Age of Intellectual Property Rights,
http://www.sciencedirect.com/science/article/pii/S1550830706000668 [Barbara Tedlock, PhD, is the granddaughter
of an Ojibwe midwife and herbalist and was trained and initiated as a shamanic healer by the Kiche Maya of
highland Guatemala. She is currently distinguished professor of Anthropology at SUNY Buffalo and research
associate at the School of American Research in Santa Fe, New Mexico. She is the author of five books]
group of indigenous shamans from Brazil formulated an important WIPO document entitled the Letter from So
Luis do Maranho, which questioned the ethical and the legal grounds for patents deriving from traditional
indigenous knowledge.44 It soon became apparent that placing key information (seeds, human DNA, and genes)
into the hands of WIPO actually facilitated biopiracy rather than discouraging it because there were so many
rewards and so few mechanisms to prevent individuals and enterprises from seeking to privatize collective public
Alt multilateral
Alternative card ( Develop contractual benefit sharing)
Hearn 06 (Kelly Hearn, Kelly Hearn is a correspondent to National Geographic
News and The Christian Science Monitor. His work has been funded by The Pulitzer
Center for Crisis Reporting and The North American Congress on Latin America. A
former UPI reporter, he has published in The Nation, Grist, High Country News, The
Washington Times and World Politics Watch. He is a frequent contributor to Alternet.
Biopirates Walk the Plank 14 June 2006.
http://www.alternet.org/story/37470/biopirates_walk_the_plank LP)
Meanwhile, as rain forests are destroyed (by a multitude of factors), the money machine keeps on turning. Some
three-quarters of all plant-derived prescription drugs were discovered because they had
once been used in indigenous medicine, according to one figure. Another says that between 1950s and
1980, drugs derived from medicinal plants consistently accounted for not less than a quarter of all prescription drug
sales in the United States. Some say the biopiracy backlash is hurting more than some corporations'
image. Thomas Lovejoy, president of the Heinz Center for Science Economics and the Environment, is a known
advocate of rainforest preservation -- and a formerly accused biopirate. He was swept up in Brazil's biopiracy panic
last year, even accused by some Brazilians as being a CIA operative while working in the jungle for the Smithsonian
Institution. After appearing before a Brazilian congressional committee, he was eventually cleared of the charges.
"While one can understand the attention being paid to biopiracy, it in fact is fairly easy to prevent," he sad in an
email. "No modern-day scientific institution would condone it, and the basic framework of intellectual property
protection should be sufficient to protect national interests in the economic potential of biodiversity applications.
Unfortunately in some situations the preoccupation with biopiracy borders on obsessive, and I believe does get in
the way of research and the best interests of the countries involved." So, if new patents and bilateral deals over
benefit sharing aren't the way to ensure that indigenous groups and developing countries get their cut of the cake,
activists call for nonproprietary systems of benefit sharing -multilateral frameworks in which governments support a global biodiversity
fund, a kind of endowment for promoting the needs of those indigenous
groups. Can the patent genie be put back into the bottle, somehow made subordinate to biodiversity needs?
what's the answer? Some
Will the biopiracy label lose public relations power if misused? Is science truly being hurt? Should indigenous groups
call for new rights of ownership over their natural habitat? Is seeking "contractual benefit sharing" a bad row to
hoe? Certainly Alejandro Argumedo thinks so. In a quote attributed to him, the Quechua activist said:
"Contractual
Many indigenous groups and developing countries are calling for "contractual benefits
sharing" whenever corporations make money off "research leads" or materials snatched from native habitats.
Some call for new patent rights over seeds, knowledge and other things foreign
companies have been known to grab. Still others reject altogether the right to patent life forms. The
crosscurrents make biopiracy, a very real and ecological destructive problem, a vague and confusing buzzword. One
challenge for biopiracy activists is getting America's shrunken attention span around the dull but crucial topic of
patent law. Perhaps that's why biopiracy has a sensationalist vibe. "Patents
to Basmati rice lines. The sweeping and false claims of RiceTec having `invented', traits of rice seeds and plants
including plant height, grain length, aroma which are characteristics found in our traditional Basmati varieties. The
collective cumulative innovation of our farmers was thus being pirated by a Texas based company. Claims to
general methods of breeding which was also piracy of traditional breeding done by farmers and our scientists (Of
related to basmati grain, and hence to basmati exports. It did not challenge claims related to basmati seeds and
plants, and hence to farmers' rights & traditional knowledge even though the research done by the CFTRI (Central
Food Technology Research Institute, in Mysore) and ICAR established that the basmati seed claims covered our
the GOI represented by APEDA told the Supreme Court they were
satisfied with the withdrawal of 4 claims by RiceTec and did not intend to fight the
Basmati patents any further because exporters' interests had been defended. There
was no attempt to defend farmers' rights. Even in the debate in Parliament, the Basmati issue has
traditional varieties. In fact on 25 Jan 2001,
been narrowed to the issue of exports, and detracted from the large issue of biopiracy, traditional knowledge and
farmers rights. This issue can no longer be evaded because the surviving claims to Bas 867, RT 1117 and RT 1121
have been granted on the basis that farmers breeding does not count, but when farmers' varieties are used to
derive varieties with the valuable characteristics such as aroma already evolved by farmers, it is treated as an
When the
government failed once again to defend our basmati biodiversity and indigenous
knowledge, the Research Foundation along with other citizens groups launched a
global campaign against RiceTec's Basmati patents. Organisations and individuals
bombarded the USPTO with protest letters, demanding the US Patent Office not to
protect biopirates. The fact that USPTO struck down 15 claims out of 20 in spite of
GOI asking for withdrawal of only 3 and the U.S. Government insisting that they
would never drop the generic claim to basmati shows that once again people
proved more powerful than corporations and governments. The Basmati victory is
invention and given patent protection. These rice varieties have used Indian and Pakistani varieties.
the Seattle in the domain of Biodiversity and TRIPs. Need to challenge TRIPS The next step of the Basmati Battle is
about the defense of indigenous innovation and the recognition of the contribution of our biodiversity. These issues
form the core of concerns in pending Bills before parliament. These issues of ownership of biodiversity & traditional
knowledge that have been the subject of intense negotiations in the Seed Wars at the Convention on Biological
Diversity.
A2 perm
Piracy is not ambiguous it can be both good and bad, but the
affs use of pirates as a holistic entity locks them into a
problematic defense of biopiracy
Roth 4/20
Steffen Roth, 20 April 2014, Special Issue on: "Entrepreneurship and Piracy",
http://www.inderscience.com/info/ingeneral/cfp.php?id=2254
[ESC Rennes School of Business, France]
of emancipation, it remains a form of informal economic activities that calls for a re-embedding into the formal
economy (Webb et al., 2009) or simply has to be prevented (Sinha and Mandel, 2008). Walking the lines of
yesterdays grassroots and todays grasshopper capitalism, the freebooter is a token for a politico-economic tertium
product
piracy represents an attack on both the wealth of a nation and its social or
ecological standards. IPR piracy undermines both the business models of developed economies and the
datur and dreaded and condemned by both the conservative and the progressive establishment:
indigenous rights of its creative classes. Robbery on the international seaways clearly calls for military interventions
because the pirates violate the intimate rights not only of the merchants on the high seas, but also of the human
The worst case of piracy is probably biopiracy (Odek, 1994), i.e. the act of robbing Gaias own genetic resources. A pirate is virtually
nature in their failed states home environments.
an economic terrorist. On the other hand, the concept of piracy has obviously struck a chord for quite some time
already. Neither paragon nor pariah (Smith, 1980), the pirate emerged as a role model attractive to larger parts of
the creative classes, which are actually said to suffer most from piracy. Even more so, as a label, piracy is the least
common denominator of both the business models and the political lobby of the growing number of digital nomads
and natives, while acclaimed information piracy springs wikileaks and streams the stuff digital heroes are made of.
To add to the tensions between traditional knowledge and the Western , masculine legal
structure, most innovations and improvements involving plants in developing nations have been provided by
women. These women are in an especially difficult situation, because gender discrimination is likely in their own
world. As discussed before, there exists an asymmetric movement of plants and resources between these nations.
This movement is often rationalized with the argument that the movement of these resources to gene banks and
the intellectual
contributions of developing nations are devalued.31 This includes contributions to both the
scientific and legal areas. Further, some patent systems have even been modified to lower the standards for
patentability, which allows for the exploitation and appropriation of plant resources. The amount of resources
that have been appropriated for commercial use in the industrialized world is staggering . For
example, coffee, coca and corn are all native to developing nations, yet they make up a
significant portion of Western diet and everyday life .32 While scholars have decried the exploitation of
other facilities in the industrialized nations is what is best for humanity.30 At the same time,
the Southern Hemisphere for resources such as gold and silver, little argument is made about the appropriation of
Robinson
Daniel F
, 31 March 2009, Locating biopiracy: geographically and culturally situated knowledges
[Institute of Environmental Studies, The University of New South Wales, Room 132 IES, Vallentine Annexe, Sydney,
NSW 2052, Australia, and Australian Mekong Resource Centre, School of Geosciences, The University of Sydney,
Sydney, NSW 2006, Australia] LP
Biopiracy' is a term that was first coined by the Canada-based NGO Rural Advan- cement Foundation
International (RAFI) (now the ETC Group) activist Mooney (2000; RAFI, 1995). The term was
developed because of growing frustrations about the appropriation and
monopolisation of long-held medicinal and agricultural knowl- edge
about nature, as well as the related physical resources (plants, animals, and their
`
components). The flow of these resources and knowledge, often ``from biodiversity in the South to medicines,
[cosmetics and crops] in the North'' (Svarstad and Dhillion, 2000, page 9), was targeted by NGOs as a hypocritical
injustice on the part of corporations and researchers predominantly from the US, Europe, Japan, and the Western
agreements such as the United Nations Convention on Biological Diversity (CBD) negotiated at the Rio Earth
Summit in 1992, and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
consolidated some specific Euro-American ideologies about the IP ownership of nature as genetic resources.
discourse is Shiva (2001): Biopiracy refers to the use of intellectual property systems to legitimize the exclusive
ownership and control over biological resources and biological products and processes that have been used over
several basmati rice patents in the US, which led to the revocation of four basmati-related claims by the patent
Network, in statements by indigenous people's movements and civil society actions such as the Thammasaat
Resolution in Thailand (in 1997), and also in the discourses of intergovernmental organisations of developing
countries such as the South Centre. Thus, with the enrolment of broader public sympathies for NGO causes,
the new IP `fundamentalism' (Dutfield, 2006) and `inequality' (Drahos and Braithwaite, 2003), as raised by
influential academics and researchers, which is best illustrated through a historical analysis of the situated and
hypocritical policies of countries like the US and Japan, and those from the EU.
UNAM scientists have found channels to gather samples and traditional knowledge
without necessarily compensating local and indigenous communities or individuals.
While as an observer on the UNAM plant-gathering trips Hayden witnesses how the
public domain (in the form of public markets, publications, and roadways) is utilized
as an effective way to avoid the messy issue of property rights. As the scientists
explain, they are not doing this solely as a matter of convenience, but because it is
next to impossible to determine who owns either the plants in question or the
traditional knowledge associated with the plants. This ambiguity illustrates how the
neoliberal strategy of establishing patents and intellectual property rights does not
work in the favor of the local and indigenous communities. The plant venders in the
markets are the only local people directly compensated for selling their wares. Here
science seems to working to extend the patenting interests of the U.S. companies
financing aspects of the project, while the questions of local and indigenous
ownership are to a large degree being ignored. The situation also underscores the
fact that for many indigenous people living in rural Mexico, the idea of owning
plants and intellectual property totally contradicts their view of the world. Again,
bioprospecting is as much a channel for the trafficking and expanding the ideals of
neoliberalism, as it is a channel from for the flow of plant extracts. While having
access to these plant-gathering trips allows Hayden to witness science in action and
to establish contacts with venders who serve as her main interlocutors, it also
places her in a compromising position. Because the venders and other people she
encounters came to associate her with UNAMs bioprospecting project, she found
herself at times acting as the projects spokesperson. As such, Hayden is faced with
the question if she was intervening in the flow of bioprospecting or facilitating it.2 To
this end, she states in her introduction: As many critical accounts of ethnographic
work have suggested in other context, the very act of trying to follow the
networks often makes us party to their materialization Many scientists and
activists with whom I spoke in Mexico in the early years of my research had not
heard much about the UNAM prospecting project, if anything at all a situation that
implicitly made me the projects representative in many interviews. (13) Hayden
does not directly address this anxiety of the ethnographer being co-opted or
incorporated into the flow of bioprospecting in the main body of her text, but it is
always present, as readers are constantly reminded of how dependent she is on the
cooperation of the UNAM scientists. However, despite this anxiety, Hayden still
manages to give voice to the concerns and interests of the UNAM scientist along
with her other interlocutors and still present a slow, critical version of
bioprospecting that completely contradicts the polished neoliberal narrative of
letting the free market establish fair competition and proper/reasonable forms of
social and environmental development.