CASE STUDY Traditional Knowledge and Intellectual Property Traditional knowledge forms part of the cultural heritage of traditional societies and indigenous communities. This knowledge, often embedded in cultural practices and everyday activities as a part of a world view and cultural life, can also embody intellectual knowledge of plants, animals, and the natural world, gathered over generations. Those who practice Chinese traditional medicine, traditional healers in indigenous cultures, small-scale farmers, and hunters and gatherers have knowledge of plants and animals that has commercial potential. When that knowledge is expropriated and used by outsiders without recognition of its origin, it is not only unfair to the originators of the knowledge but also could harm them. For example, U.S. researchers asked for a patent on turmeric, a spice that is effective in healing skin cuts and lesions. Turmeric is the bright yellow ingredient used in curries and other dishes, and it has been used for over four thousand years in traditional Indian medicine. Nevertheless, Patent No. 5,401,504 was granted by the U.S. Patent Office to the University of Mississippi for its use as a healing agent. As a practical mattec, the patent probably would have been unenforceable, but it micht have imposed a legal requirement on users to pay royalties. The indian government protested, arguing that it was a part of their traditional knowledge base and that it had long been used as a healing agent in India. After they produced ancient Sanskrit texts describing its use, the patent was overturned. Brazil and india are foremost among a group of tropical countries working to protect their traditional knowledge and their biodiversity. One fear is that "bio-prospectors" will collect plant samples shown to them by traditional healers in indigenous communities, isolate the key compounds in their laboratories, patent new pharmaceuticals, and ignore the interests of the traditional community or the nation where they live. Traditional healers in Samoa use the bark of the mamala tree for a variety of medicinal purposes, induding combating hepatitis. After observing this practice, researchers discovered that it was an effective agent for making prostratin, an anti-AlOS compound. This story appears to end well since revenue from the development of the drug is expected to be shared with the village and the families that assisted in its discovery and used for further AIDS research. Without aggressive enforcement and vigilance, it is feared that traditional knowledge will not be recognized and respected. in another example, new plant varieties are adapted from traditional ones and patented by a seed company. In the African nation of Mali, the Bela community uses a wild rice that is more resistant to blight and other crop-destroying diseases. Researchers from the University of California, Davis, were able to clone the gene responsible and use it to strengthen some varieties of rice. They patented this gene, which raises the question of the connection between the new, genetically modified rice with the blight-resistant gene, and the interests of the Bela people. In the end, a Genetic Resource Recognition Fund was created to pay for fellowships for agricultural students from Mali and other countries where the wild rice grows. Given the potential stakes, both monetary and cultural, many international organizations take an active interest in these issues. Among the most visible are the World Intellectual Property Organization (WIPO), the International Union for the Protection of New Plant Varieties (UPOV), the Food and Agriculture Organization (FAO), the WTO, the United Nations Development Program (UNDP), the World Health Organization (WHO), and the United Nations Environmental Program (UNEP). There are many international agreements, but the issues are relatively new, and it is an area of international law that will continue to evolve over time. Questions: 1. Elaborate on the case of the U.S. researchers seeking a patent on turmeric. How did the Indian government respond, and what measures were taken to address the issue? (1.5 marks) 2. Respond to at least two other students' answers by providing valid arguments with supporting reasons. Your arguments can either support their views or present a contrasting perspective. (1 mark) Instructions: Students will get 0 marks if, i. Answers copied from other students. ii. Answers copied from Google or Written by AI. iii. You will give a compliment to other students' answers, such as "Good answer," "Well explained," "Agreed," etc