The use of Indigenous knowledge without compensation or consent is unethical
Riya Gulati 2019 (Academic Fellow at National Law University Delhi, LL.M. from University College Dublin) “Biopiracy, A Biological Theft?” [International Journal of Legal Studies Vol. 5 Iss. 1]. 2543-7097 //LC
It has been argued that a person has a natural right over his own idea and their appro- priation by others amounts to stealing. The society has a moral duty to protect and give recognition to this property right (Machlup F., 1950, p. 10). But, the innovator himself has misappropriated the traditional knowledge of the aboriginal people. Apart from safeguarding the interest of the innovator, the interest of the indigenous community at large needs to be protected.
Patenting the products or processes by using traditional knowledge of the developing countries is unethical. Firstly, because the indigenous knowledge is used and applied without taking a prior consent or without giving any recognition to the local commu- nity and without sharing any benefits with the aboriginal people. Secondly, the knowledge which was being discovered by the local communities and which was once freely available in the society is now being stolen from indigenous people and is being charged for. In order to safeguard the interest of indigenous people, patenting of traditional knowledge must be precluded.