Teubner, Gunther; Fischer-Lescano, Andreas --- "Cannibalizing Epistemes: Will Modern Law Protect Traditional Cultural Expressions?" [2008] ELECD 323; in Graber, Beat Christoph; Burri-Nenova, Mira (eds), "Intellectual Property and Traditional Cultural Expressions in a Digital Environment" (Edward Elgar Publishing, 2008)

Book Title: Intellectual Property and Traditional Cultural Expressions in a Digital Environment

Editor(s): Graber, Beat Christoph; Burri-Nenova, Mira

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209214

Section: Chapter 2

Section Title: Cannibalizing Epistemes: Will Modern Law Protect Traditional Cultural Expressions?

Author(s): Teubner, Gunther; Fischer-Lescano, Andreas

Number of pages: 30

Extract:

2. Cannibalizing epistemes: will modern
law protect traditional cultural
expressions?
Gunther Teubner and Andreas Fischer-
Lescano*

1. TRADITIONAL KNOWLEDGE: SOCIAL ISSUE
FRAMING
True miracles are ascribed to the Neem Tree (Azadirachta indica), particularly
in India, where the tree is worshipped as being holy. Extracts from its leaves
are used to fight against 14 different types of fungus and against bacteria found
in burn tissue, as well as against typhoid pathogens. The extract is used to
prevent viral infections, and is implemented against small pox, chicken pox,
hepatitis B and herpes. All parts of the tree are used in ayurvedic medicine.1
Bio-pesticides and bio-fungicides are also extracted from the Neem Tree. The
Turmeric powder (Curcuma longa) is a spice of similar versatility. It is used in
Indian medicine to combat infectious diseases and to heal wounds, but also as
a spice and dye. What these two natural products have in common is that they
were both objects of economic interest, exploited by transnational networks.
While the US company W.R. Grace & Co. acquired a whole series of patents
in connection with the production of a stabilizing Azadirachta solution for
fighting fungi, researchers at the University of Mississippi Medical Centre
patented the use of turmeric in the USA for purposes of healing wounds.2 Both


* We would like to thank Isabel Hensel for helpful suggestions.
1 Heinrich Schmutterer, The Neem Tree Azadirachta Indica A. Juss. and Other
Meliaceous Plants: Sources of Unique Natural Products for Integrated Pest
Management, Medicine, ...