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TITLE III: Prohibition of Biopiracy & Intellectual Imperialism

SEC. 301. Biopiracy Is Prohibited

(a) CRIMINAL OFFENSE: It shall be unlawful for any person to:

  1. Access genetic resources or traditional knowledge without prior informed consent
  2. Patent traditional knowledge or genetic resources
  3. Commercialize innovations based on traditional knowledge without benefit-sharing agreements
  4. Misrepresent the origin of an innovation

(b) PRIOR INFORMED CONSENT REQUIREMENTS:

Before Accessing Traditional Knowledge, Entities Must:

  1. Identify the Rights-Holders: Consult with Indigenous nations, local communities, or countries of origin
  2. Full Disclosure: Explain intended use, potential commercialization, and risks
  3. Negotiate in Good Faith: Offer fair benefit-sharing terms
  4. Obtain Written Consent: Free, informed, and voluntary agreement
  5. Ongoing Consultation: Continuous engagement, not a one-time transaction

(c) BENEFIT-SHARING STANDARDS:

Minimum Requirements:

  1. Monetary Compensation: At least 5% of gross revenues from commercialized innovation
  2. Technology Transfer: Share research findings, technical know-how with originators
  3. Capacity-Building: Fund education, infrastructure in originating communities
  4. Joint Ownership: Originators have co-ownership of patents (if any), veto power over problematic uses
  5. Cultural Protections: Respect for sacred knowledge; some knowledge may be non-commercializable

(d) PATENT OFFICE RESTRICTIONS:

The United States Patent and Trademark Office (USPTO) shall NOT grant patents on:

  1. Traditional knowledge (regardless of whether applicant claims "novel application")
  2. Genetic resources obtained without prior informed consent
  3. Innovations that are substantially similar to traditional knowledge without demonstrated transformative difference
  4. Life forms (plants, animals, microorganisms, human genes)

(e) EXISTING PATENT REVIEW:

USPTO Must:

  1. Review all active patents for biopiracy (20-year lookback)
  2. Revoke patents found to violate this section
  3. Notify affected communities of revocations
  4. Establish public database of revoked patents (transparency)

SEC. 302. Traditional Knowledge Protection

(a) TRADITIONAL KNOWLEDGE REGISTRY:

Establishment: Within 1 year, Innovation Justice Council shall create publicly accessible database of traditional knowledge to prevent biopiracy

Contents:

  1. Agricultural practices (seed varieties, planting techniques, and soil management)
  2. Medicinal knowledge (plant uses and preparation methods)
  3. Ecological management (fire management, water harvesting, and sustainable forestry)
  4. Artistic/cultural expressions (weaving patterns, music, and ceremonies)
  5. Any knowledge identified by Indigenous/local communities as worthy of protection

Governance: Indigenous nations and Global South communities control their own entries (decide what to share, what to keep private)

Legal Effect: Registration creates presumption of prior art (prevents patents)

(b) SACRED KNOWLEDGE PROTECTIONS:

Some knowledge is non-commercializable: Ceremonial practices, sacred medicines, spiritual knowledge

Prohibitions:

  1. Commercial use without explicit community permission
  2. Patents on sacred plants/medicines (peyote, ayahuasca, sage, etc.)
  3. Appropriation for entertainment/profit

Penalties for Violation: See Sec. 501 (includes cultural harm damages)

SEC. 303. Prohibition on Erasure

(a) AFFIRMATIVE DUTY TO CREDIT MARGINALIZED INVENTORS:

Federal agencies, universities, and companies must:

  1. Audit Histories: Identify BIPOC, women, queer, and working-class inventors who were denied credit
  2. Correct Records: Update textbooks, databases, museums, and public materials
  3. Public Acknowledgment: Issue formal apologies for erasure
  4. Compensation: Provide redress to inventors or their descendants (see Sec. 401)

(b) EDUCATIONAL MANDATE:

K-12 Schools Receiving Federal Funding Must:

  1. Teach accurate history of innovation (include BIPOC, women, queer, and Global South inventors)
  2. Use curricula that challenge myths of singular genius
  3. Highlight collective, global nature of innovation

Required Content (Example):

  • Lewis Latimer (light bulb filament)
  • Garrett Morgan (traffic signal, gas mask)
  • Marie Van Brittan Brown (home security)
  • Hedy Lamarr (WiFi/Bluetooth)
  • Rosalind Franklin (DNA structure)
  • Alan Turing (computing)
  • Indigenous agricultural innovations (Three Sisters, etc.)
  • Chinese innovations (paper, printing, compass, gunpowder, and the straw checkerboard)
  • Islamic Golden Age innovations (algebra, hospitals, and universities)
  • African innovations (ironworking, mathematics, and medicine)

(c) MEDIA REPRESENTATIONS:

Federally Funded Media (PBS, NPR, etc.) Must:

  1. Avoid perpetuating "lone genius" myths
  2. Credit diverse innovators
  3. Challenge white supremacist narratives of innovation

SEC. 304. Anti-Monopoly Provisions

(a) PATENT TERM LIMITS FOR ESSENTIAL INNOVATIONS:

Patents on life-saving medicines and essential technologies are reduced to:

  • Pharmaceuticals: 5 years (from 20)
  • Medical Devices: 7 years
  • Agricultural Technologies: 5 years
  • Climate/Environmental Technologies: 5 years

Rationale: Human needs > corporate profits

(b) COMPULSORY LICENSING:

Government may issue compulsory licenses (allow generic production) for patents on:

  1. Medicines during public health emergencies
  2. Technologies needed to meet climate goals
  3. Innovations based on traditional knowledge (originators get the licensing fees, not the patent-holders)

(c) EMINENT DOMAIN FOR KNOWLEDGE:

Government may seize patents (with compensation) and release to public domain when:

  1. Patent-holder engages in price gouging (>300% markup)
  2. Patent-holder refuses to license to Generic manufacturers
  3. Patent blocks access to essential innovation
  4. Public interest demands (e.g., COVID-19 vaccines)