Aj. Stenson et Ts. Gray, An autonomy-based justification for intellectual property rights of indigenous communities, ENV ETHICS, 21(2), 1999, pp. 177-190
The claim that indigenous communities are entitled to have intellectual pro
perty rights (IPRs) to both their plant varieties and their botanical knowl
edge has been put forward by writers who wish to protect the plant genetic
resources of indigenous communities from uncompensated use by biotechnologi
cal transnational corporations. We argue that while it is necessary for ind
igenous communities to have such rights, the entitlement argument is an uns
atisfactory justification for them. A more convincing foundation for indige
nous community IPRs is the autonomy theory developed by Will Kymlicka.