Health

All Hands On Deck: Biopiracy & the Available Protections for Traditional Knowledge

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Summary: As the United States and other developed countries seek better protections for their intellectual property, Southern developing countries rich in biological resources seek better protections for these resources and the knowledge of their indigenous peoples. The story goes that Northern scientists are bioprospecting within Southern countries and obtaining knowledge about traditional plants and their uses from the countries’ native people. The Northern scientists then take this traditional knowledge and develop new uses or products, which they patent in their own countries. They do this, however, without compensating the indigenous groups who initially supplied the base knowledge. The indigenous people also claim that the cost of medicine and other goods rises, as their traditional knowledge may now come with a licensing fee. This Note discusses “traditional knowledge,” as this indigenous knowledge has been termed. It looks at what this knowledge is and the difficulties in defining it. It further looks at the problems traditional knowledge presents in terms of finding a solution both parties are satisfied with. As traditional knowledge generally does not fit in the Western concept of protectable intellectual property, this Note looks to the problems this conflict between differing property systems creates. Finally, this Note considers the current protections that are available for individual tribes or nations to choose between to fit their own individual needs, despite numerous failed attempts to integrate such protections into international treaties.

As the United States and other developed countries seek better protections for their intellectual property, Southern developing countries rich in biological resources seek better protections for these resources and the knowledge of their indigenous peoples. The story goes that Northern scientists are bioprospecting within Southern countries and obtaining knowledge about traditional plants and their uses from the countries’ native people. The Northern scientists then take this traditional knowledge and develop new uses or products, which they patent in their own countries. They do this, however, without compensating the indigenous groups who initially supplied the base knowledge. The indigenous people also claim that the cost of medicine and other goods rises, as their traditional knowledge may now come with a licensing fee. This Note discusses “traditional knowledge,” as this indigenous knowledge has been termed. It looks at what this knowledge is and the difficulties in defining it. It further looks at the problems traditional knowledge presents in terms of finding a solution both parties are satisfied with. As traditional knowledge generally does not fit in the Western concept of protectable intellectual property, this Note looks to the problems this conflict between differing property systems creates. Finally, this Note considers the current protections that are available for individual tribes or nations to choose between to fit their own individual needs, despite numerous failed attempts to integrate such protections into international treaties.

UT - Agriculture - Title 4 Utah Agriculture Code

Summary: The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.

The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.

UT- Animal Disease Control - R58. Animal Industry.

Summary: These are the regulations for Utah's Control of Animal Disease Act. The regulation states, "It is the intent of these rules to eliminate or reduce the spread of diseases among animals by providing standards to be met in the movement of animals within the State of Utah (INTRASTATE) and the importation of animals into the state (INTERSTATE)." Included in the rule are all import requirements for all major livestock species as well as dogs, cats, and ferrets. The rule also covers exotic animals, zoological animals, and wildlife (section 18).

These are the regulations for Utah's Control of Animal Disease Act. The regulation states, "It is the intent of these rules to eliminate or reduce the spread of diseases among animals by providing standards to be met in the movement of animals within the State of Utah (INTRASTATE) and the importation of animals into the state (INTERSTATE)." Included in the rule are all import requirements for all major livestock species as well as dogs, cats, and ferrets. The rule also covers exotic animals, zoological animals, and wildlife (section 18).

Hendrickson v. Tender Care Animal Hospital Corporation

Summary: Dog owner brought claims of professional negligence, negligent misrepresentation, lack of informed consent, reckless breach of a bailment contract, and emotional distress after her golder retriever, Bear, died following a routine neutering procedure. After the surgery, Bear was bloated and vomiting, and the owner alleged that the animal hospital failed to properly inform her of his condition. As a result, the owner treated Bear with a homeopathic remedy instead of the prescription medication given to her by the hospital and Bear's condition worsened and eventually caused his death.

Dog owner brought claims of professional negligence, negligent misrepresentation, lack of informed consent, reckless breach of a bailment contract, and emotional distress after her golder retriever, Bear, died following a routine neutering procedure. After the surgery, Bear was bloated and vomiting, and the owner alleged that the animal hospital failed to properly inform her of his condition. As a result, the owner treated Bear with a homeopathic remedy instead of the prescription medication given to her by the hospital and Bear's condition worsened and eventually caused his death.

Table of State Rabies Laws Concerning Cats

Summary:

This table provides links to states that require vaccination against rabies for cats. The table details the age at which vaccination is required and penalties for failure to vaccinate. The table only covers laws and regulations for cats residing within a state and does not deal with regulations concerning the importation of cats from outside a state.

This table provides links to states that require vaccination against rabies for cats. The table details the age at which vaccination is required and penalties for failure to vaccinate. The table only covers laws and regulations for cats residing within a state and does not deal with regulations concerning the importation of cats from outside a state.

Table of Pet Purchaser Protection Acts

Summary:

As of 2019, 22 U.S. states have enacted Pet Purchaser Protection Acts, which are commonly known as Puppy Lemon Laws, for the purpose of exactly what the name implies: purchaser protection. In order to accomplish this goal, a typical Pet Purchaser Protection Act requires the seller to make certain disclosures about an animal that is offered for sale, while also affording the purchaser a remedy if a diseased animal is purchased from the seller. This table reveals the types of animals and sellers covered under these acts, as well as the types of remedies that are available and the limitations to these remedies.

As of 2019, 22 U.S. states have enacted Pet Purchaser Protection Acts, which are commonly known as Puppy Lemon Laws, for the purpose of exactly what the name implies: purchaser protection. In order to accomplish this goal, a typical Pet Purchaser Protection Act requires the seller to make certain disclosures about an animal that is offered for sale, while also affording the purchaser a remedy if a diseased animal is purchased from the seller. This table reveals the types of animals and sellers covered under these acts, as well as the types of remedies that are available and the limitations to these remedies.

WY - Dog - Consolidated Dog Laws

Summary: These Wyoming statutes comprise the state's dog laws. Among the provisions include damage done to livestock by dogs, rabies vaccination requirements, and municipal powers to regulate dogs.

These Wyoming statutes comprise the state's dog laws. Among the provisions include damage done to livestock by dogs, rabies vaccination requirements, and municipal powers to regulate dogs.