Morality aspects of current patent law can solve for protection of Indigenous traditional knowledge under existing IPR regimes.

(Marcia Ellen DeGeer holds a Juris Doctorate from the New England School of Law, and is now a lawyer specializing in business. 2002, Biopiracy: The Appropriation of Indigenous Peoples’ Cultural Knowledge. New England Journal of International and Comparative Law, Vol. 9 no. 1, pages 179-208. CPSW - GHS-LHM//)

C. Enforce Public Policy and Morality Aspects of Patent Law. Under the test for patent applicability are the grounds to negate corporate patents of Indigenous Peoples’ plants. Under the usefulness prong of patent law, a patent will not be issued if it is illegal or immoral. The Patent Trade Office has recently used the Moral Utility doctrine to exclude inventions that combined human and animal cells. “The courts have interpreted the utility requirement to exclude inventions deemed to be ‘injurious to the well-being, good policy, or good morals of society.’” Placing pressure on our governments and the international community through public awareness could persuade the courts and the TRIPS agreement to consider the validity of the Indigenous Peoples’ claims to their plants and cultural knowledge. Public awareness could expose bioprospecting for what it is, illegal and immoral appropriation.