Biopiracy or bioprospecting : negotiating the limits of propertization

This chapter takes the Nagoya Protocol a UN protocol aiming to prevent biopiracy as an example to discuss how the negotiations over biopatents also reflect different approaches to commodification of nature and the limits of propertization. These practical problems can potentially be addressed through legislation. The chapter looks at such an initiative on an international level. Another limitation to the Nagoya Protocol is that it does not address the core issue of biopiracy; that is, patents and intellectual property rights in general. It argues that property relates to place in a very specific manner in the context of nuclear testing. Indigenous Australians were hence doubly denied access to the Australian nation: because they held no title to the land, and because they were not given citizenship rights which would extend to them the rights and protection which any nation grants to its citizens.Table of ContentsIntroduction: Property, Place & Piracy, Martin Fredriksson Almqvist and James ArvanitakisChapter 1: Commons, Piracy and the Crisis of Property, James Arvanitakis, Spike Boydell and Martin Fredriksson AlmqvistChapter 2: The Concept of the Commons in the age of extractionism: From sea to land to code, Martin Fredriksson AlmqvistChapter 3: Property, sovereignty, piracy and the commons: early modern enclosure and the foundation of the state, Sean Johnson AndrewsChapter 4: Unreal Property: Anarchism, Anthropology and Alchemy, Jonathan Marshall & Francesca da Rimini Chapter 5: Piracy and Mobility in Anglophone Atlantic Literature and Culture, Alexandra GanserChapter 6: An Attack to the Growth of the Imperial Body: John Locke, Colonial Piracy, and Property, Sonja Schillings Chapter 7: Piracy and the maritime commons, Amedeo Policante Chapter 8: Compensation in the Absence of Punishment: Rethinking Somali Piracy as a Form of Maritime Xeer, Brittany Gilmer Chapter 9: Creation and protection of private property rights by the state: an Australian case study, Ingrid MatthewsChapter 10: The Knitting Pirate: Craft as Resistance and Property Intervention, Johanna Dahlin Chapter 11: Piracy on the celestial frontier? The ‘NewSpace’ quest for the privatisation of the outer space commons, Matthew Johnson Chapter 12: Outer Space Property and Piracy, Kim EllisChapter 13: 'The Ancestry Land': Land Reclamation and China’s Pursuit of Dominance in the South China Sea, Jingdong YuanChapter 14: Nuclear Testing and the 'Terra Nullius Doctrine': From Life Sciences to Life Writing, Mita Banerjee Chapter 15: Biopiracy or bioprospecting: Negotiating the limits of propertization, Martin Fredriksson AlmqvistChapter 16: Pirate Places in Bangkok: the regulation of the urban vendor and market/mall-spaces, Daniel F. Robinson and Duncan McDuie-Ra Chapter 17: Gated Housing Enclaves in Ghana: Property, People, and Place, Franklin Obeng-Odoom Chapter 18: The Real Gruen Transfer - Enclosing the Right to the City, James Arvanitakis and Spike BoydellChapter 19: Epilogue, Martin Fredriksson Almqvist and James ArvanitakisCommons and Commodities: Knowledge, Natural Resources and the Construction of Porpert