Re-examining the "wild" story of the ayahuasca plant patent

Re-examining the "wild" story of the ayahuasca plant patent

Journal article

1 online resource

The US plant patent for a variety of ayahuasca vine named ‘Da Vine’ has been viewed as an archetypal case of "biopiracy," a term for the use of intellectual property rights to misappropriate biodiversity and traditional knowledge. However, in the attempt to get the plant patent revoked and in the criticism of the US Patent & Trademark Office (USPTO) decision to uphold the patent, lawyers and scholars have misrepresented USPTO procedures and the jurisprudence on the Plant Patent Act of 1930. This article calls into question the prevailing narrative about the ayahuasca plant patent to show how the rights of Indigenous peoples might be better protected under plant patent law.

Crossref

Intellectual Property Quarterly ; I.P.Q. 2024, 2, 136-162

[New York, NY] : Thomson Reuters, 2024.

eng

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External Online Journals > Intellectual Property Quarterly