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	Comments on: &#8220;Cultural appropriation: Make it illegal worldwide, Indigenous advocates say&#8221;	</title>
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	<link>https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/</link>
	<description>Chronicling the high cost of our legal system</description>
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	<item>
		<title>
		By: Canvasback		</title>
		<link>https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/comment-page-1/#comment-345993</link>

		<dc:creator><![CDATA[Canvasback]]></dc:creator>
		<pubDate>Sun, 18 Jun 2017 18:08:40 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=64879#comment-345993</guid>

					<description><![CDATA[I&#039;m with Bill on this one. We do a bit of research before adopting some indigenous medical techniques.

http://www.bbc.com/news/av/world-africa-40300824/tanzania-albino-attacks-my-neighbour-hacked-off-my-hands]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m with Bill on this one. We do a bit of research before adopting some indigenous medical techniques.</p>
<p><a href="http://www.bbc.com/news/av/world-africa-40300824/tanzania-albino-attacks-my-neighbour-hacked-off-my-hands" rel="nofollow ugc">http://www.bbc.com/news/av/world-africa-40300824/tanzania-albino-attacks-my-neighbour-hacked-off-my-hands</a></p>
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		<item>
		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/comment-page-1/#comment-345990</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Sat, 17 Jun 2017 17:01:08 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=64879#comment-345990</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/comment-page-1/#comment-345989&quot;&gt;Noncenx&lt;/a&gt;.

In the case of traditional medicines, the problem is more complex than a failure of some national patent regimes. the knowledge of indigenous peoples typically takes a form like: &quot;make an infusion of a handful of the leaves of X in a litre of  boiling water and steep for ten minutes.&quot; They don&#039;t know what substance or substances actually has the effect. They have no way of standardizing the dose if, as is often the case, the concentration of the active ingredient is variable. In some cases this does not matter, but in some cases the difference between an effective dose and a toxic dose is small. They don&#039;t know about interactions between this drug and others. When scientists learn of a traditional remedy and develop it, they: (a) identify the active ingredient or ingredients; (b) determine how efficacious it actually is; (c) determine the effective dose; (d) determine toxicity; (e) investigate interactions with other drugs; (f) develop a method of providing standard doses, either by synthesizing the drug or by processing of natural materials containing variable amounts. A great deal of research is required to go from a natural remedy to a modern medication, and most of the information developed will not have been known to the indigenous people from whom the drug originates.  As I understand patent law, the knowledge that an extract of a certain plant has a certain medicinal effect would not constitute prior art for a modern drug inspired by it, nor should it, given the extensive research required to produce a modern drug. It is understandable that indigenous people should want some credit for their discoveries and that they should not be legally barred from using their traditional discoveries by patents on developments based on them, but it is also necessary to recognize that pharmaceutical companies, for all their faults, do not simply learn of indigenous medicines, patent them, and start selling them.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/comment-page-1/#comment-345989">Noncenx</a>.</p>
<p>In the case of traditional medicines, the problem is more complex than a failure of some national patent regimes. the knowledge of indigenous peoples typically takes a form like: &#8220;make an infusion of a handful of the leaves of X in a litre of  boiling water and steep for ten minutes.&#8221; They don&#8217;t know what substance or substances actually has the effect. They have no way of standardizing the dose if, as is often the case, the concentration of the active ingredient is variable. In some cases this does not matter, but in some cases the difference between an effective dose and a toxic dose is small. They don&#8217;t know about interactions between this drug and others. When scientists learn of a traditional remedy and develop it, they: (a) identify the active ingredient or ingredients; (b) determine how efficacious it actually is; (c) determine the effective dose; (d) determine toxicity; (e) investigate interactions with other drugs; (f) develop a method of providing standard doses, either by synthesizing the drug or by processing of natural materials containing variable amounts. A great deal of research is required to go from a natural remedy to a modern medication, and most of the information developed will not have been known to the indigenous people from whom the drug originates.  As I understand patent law, the knowledge that an extract of a certain plant has a certain medicinal effect would not constitute prior art for a modern drug inspired by it, nor should it, given the extensive research required to produce a modern drug. It is understandable that indigenous people should want some credit for their discoveries and that they should not be legally barred from using their traditional discoveries by patents on developments based on them, but it is also necessary to recognize that pharmaceutical companies, for all their faults, do not simply learn of indigenous medicines, patent them, and start selling them.</p>
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		<item>
		<title>
		By: Noncenx		</title>
		<link>https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/comment-page-1/#comment-345989</link>

		<dc:creator><![CDATA[Noncenx]]></dc:creator>
		<pubDate>Sat, 17 Jun 2017 03:04:40 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=64879#comment-345989</guid>

					<description><![CDATA[Hey, if it stops white kids from trying to Rap, I&#039;m all for it.]]></description>
			<content:encoded><![CDATA[<p>Hey, if it stops white kids from trying to Rap, I&#8217;m all for it.</p>
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		<item>
		<title>
		By: Boblipton		</title>
		<link>https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/comment-page-1/#comment-345986</link>

		<dc:creator><![CDATA[Boblipton]]></dc:creator>
		<pubDate>Fri, 16 Jun 2017 18:11:19 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=64879#comment-345986</guid>

					<description><![CDATA[I want all you non-Semites to stop using alphabets now. They&#039;re our invention.

Bob]]></description>
			<content:encoded><![CDATA[<p>I want all you non-Semites to stop using alphabets now. They&#8217;re our invention.</p>
<p>Bob</p>
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		<item>
		<title>
		By: Reuven		</title>
		<link>https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/comment-page-1/#comment-345985</link>

		<dc:creator><![CDATA[Reuven]]></dc:creator>
		<pubDate>Fri, 16 Jun 2017 17:29:32 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=64879#comment-345985</guid>

					<description><![CDATA[I&#039;d be shocked if the U.N. takes steps to protect the Indigenous People of Israel, the Jews, who they seem to detest. You have to be the right sort of indigenous person.

But think of what we Jews o if this were banned! We could stop Christians from &quot;appropriating&quot; the Hebrew Bible in their &quot;New Testament&quot;.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;d be shocked if the U.N. takes steps to protect the Indigenous People of Israel, the Jews, who they seem to detest. You have to be the right sort of indigenous person.</p>
<p>But think of what we Jews o if this were banned! We could stop Christians from &#8220;appropriating&#8221; the Hebrew Bible in their &#8220;New Testament&#8221;.</p>
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		<item>
		<title>
		By: cc		</title>
		<link>https://www.overlawyered.com/2017/06/cultural-appropriation-make-illegal-worldwide-indigenous-advocates-say/comment-page-1/#comment-345983</link>

		<dc:creator><![CDATA[cc]]></dc:creator>
		<pubDate>Fri, 16 Jun 2017 16:23:33 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=64879#comment-345983</guid>

					<description><![CDATA[This conflicts with current US law that one cannot restrict use of general art motifs, clothing styles, music styles, or food.  To copy an actual song is a violation, but not &quot;african drum music&quot; in general.  How do we validate that a particular pottery style is or is not genuinely &quot;native&quot; or &quot;appropriative&quot;?  The number of possible ethic groups and their claims to cultural identity are infinite and impossible to clearly delimit.]]></description>
			<content:encoded><![CDATA[<p>This conflicts with current US law that one cannot restrict use of general art motifs, clothing styles, music styles, or food.  To copy an actual song is a violation, but not &#8220;african drum music&#8221; in general.  How do we validate that a particular pottery style is or is not genuinely &#8220;native&#8221; or &#8220;appropriative&#8221;?  The number of possible ethic groups and their claims to cultural identity are infinite and impossible to clearly delimit.</p>
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