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Intellectual Property, State Sovereignty, and Biotechnology
- Kennedy Institute of Ethics Journal
- Johns Hopkins University Press
- Volume 20, Number 1, March 2010
- pp. 51-73
- 10.1353/ken.0.0306
- Article
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The issue of biopiracy has attracted considerable attention in recent years. The Convention on Biological Diversity adopted a principle of state sovereignty over biological resources and the genetic information contained within those resources to address this issue. It is argued that this principle has not been adequately justified and that there are other solutions to the issue of biopiracy, based on different theories of justice, that deserve greater consideration. These alternatives include the common heritage of mankind principle and the global commons principle.