Chapter

Indigenous Knowledge Rights: Neem Patent Claims

Rajshree Chandra

in Knowledge as Property

Published in print May 2010 | ISBN: 9780198065579
Published online October 2012 | e-ISBN: 9780199080120 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198065579.003.0008
Indigenous Knowledge Rights: Neem Patent Claims

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This chapter seeks to locate knowledge rights in a case study — that of Neem — and outline the terms of conflict between intellectual property rights and knowledge rights of traditional indigenous peoples. From there it draws larger conclusions about the inability of intellectual property rights to conjoin with knowledge rights of the traditional peoples, which are aspects of human rights as they are symbiotically linked with issues of subsistence and livelihood. The chapter takes forward one of the two central arguments of the book that rights need to be assessed in terms of the consequences — consequences which are rights-sensitive. Just as rights claims derive from deontological grounds of morality, so also do they derive from consequentialist grounds of morality through a valuation of outcomes.

Keywords: Neem; knowledge rights; traditional indigenous peoples; human rights; subsistence; livelihood; morality

Chapter.  21585 words. 

Subjects: Intellectual Property Law

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