This report examines intellectual property right in pharmaceuticals in a particular context, namely, medicinal products and processes derived from the biodiversity resources of areas inhabited by indigenous peoples. This report discusses the international law regarding intellectual property rights in traditional knowledge and the American laws regarding traditional knowledge.
This paper describes the meaning and applications of ecosystem and of the related terms watershed and biome. It discusses the pros and cons of all three as organizing principles for land management, and the major issues that are likely to arise in the debate over ecosystem management.
Mexican wolves were extirpated from the United States by the 1940s as part of the Predatory Animal and Rodent Control program (PARC); wild wolves are believed to exist in secluded areas in Mexico. Listed on the endangered species list in 1967, Mexican wolves exist in the United States only in captivity. The Fish and Wildlife Service (FWS) is currently developing plans to reintroduce the wolves into their historic habitat. The plans are controversial, and the species' conservation may be debated during reauthorization of the Endangered Species Act (ESA).
The Pacific Northwest is a major exporter of unprocessed softwood logs to foreign countries, such as Japan, that are often sold at premium prices. Consequently, some local mills have had difficulty obtaining unprocessed logs, which has contributed to the loss of timber industry jobs in the Pacific Northwest. Thus, many believe that exporting logs is the economic and moral equivalent of exporting U.S. jobs.
Mexican spotted owls (MSOs) have the largest geographic distribution of the three spotted owl subspecies, with most occurring on National Forest lands in Arizona and New Mexico. Habitat loss and modification due to logging and fire prompted the Fish and Wildlife Service (FWS) to list MSOs as a threatened species in March 1993. As required in Section 7 of the Endangered Species Act (ESA), the U.S. Forest Service (FS) is consulting with the FWS on 125 timber sales proposed for the region. These consultations are to be completed in October 1993 and a critical habitat designation for the species is expected by November 1992
If the 103rd Congress embarks upon an effort to reauthorize the Endangered Species Act (ESA), it will run into an old acquaintance: the property rights issue. As now written, the ESA has at least the potential to curtail property rights (whatever its actual impact as implemented may be). This report explores the legal repercussions of those impacts, especially whether they constitute takings of property under the fifth amendment of the U.S. Constitution.
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