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Can a country ban oversea biotechnology research out of an endemic plant that is only found in its territory?
The 2019 Stack Overflow Developer Survey Results Are InWhat are the different kinds of rules/procedures that describe what counts-as/constitutes a rule change and what kinds of problems can they cause?How can I sell my business idea in exchange for a job at the company that might be interested in it?Is MagSafe patented such that no one else can make magnetic power supplies?React - its license with a company that has patentsHow can one validate an assertion that “X” is not legal?Can you sue a DAO that offers “software as a coin”?Can you patent something that is an implementation of another patent?
This question was closed on biology.se and I was advised to ask it here.
For illustration, say there is a plant that is only found in the Amazon rainforest. New drugs can be potentially invented from it.
Now, can the Brazilian govt prohibit any kind of research outside its territory (i.e Europe, US,..) on that plant in order to have the monopoly on its research and derived products?
patents legal-research research
asked Apr 7 at 9:00
billyandrbillyandr
183
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billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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This question was closed on biology.se and I was advised to ask it here.
For illustration, say there is a plant that is only found in the Amazon rainforest. New drugs can be potentially invented from it.
Now, can the Brazilian govt prohibit any kind of research outside its territory (i.e Europe, US,..) on that plant in order to have the monopoly on its research and derived products?
patents legal-research research
asked Apr 7 at 9:00
billyandrbillyandr
183
New contributor
billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
This question was closed on biology.se and I was advised to ask it here.
For illustration, say there is a plant that is only found in the Amazon rainforest. New drugs can be potentially invented from it.
Now, can the Brazilian govt prohibit any kind of research outside its territory (i.e Europe, US,..) on that plant in order to have the monopoly on its research and derived products?
patents legal-research research
asked Apr 7 at 9:00
billyandrbillyandr
183
New contributor
billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
This question was closed on biology.se and I was advised to ask it here.
For illustration, say there is a plant that is only found in the Amazon rainforest. New drugs can be potentially invented from it.
Now, can the Brazilian govt prohibit any kind of research outside its territory (i.e Europe, US,..) on that plant in order to have the monopoly on its research and derived products?
patents legal-research research
patents legal-research research
asked Apr 7 at 9:00
billyandrbillyandr
183
New contributor
billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Apr 7 at 9:00
billyandrbillyandr
183
New contributor
billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Apr 7 at 9:00
billyandrbillyandr
183
New contributor
billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Apr 7 at 9:00
billyandrbillyandr
183
asked Apr 7 at 9:00
billyandrbillyandr
183
183
New contributor
billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
billyandr is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
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1 Answer
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A government, in this case the Brazilian government, cannot effectively control what people, particularly people who are not its citizens, do in other countries. If people are able to obtain and ship outside of Brazil supplies of the plant, then the Brazilian government cannot stop them doing research on it.
However, the Brazilian government can largely control what happens in Brazil. It can ban or restrict cultivation or harvesting of the plant. (Let's call it Athelas.) It can pass a law requiring an Athelas harvester's license, and only approve licenses for citizens of Brazil who agree not to sell or transfer any Athelas to anyone outside Brazil. Indeed it can require that any Athelas harvester have a contract with a firm doing research in Brazil.
Whether such restrictions would be effective cannot be said in advance. They might be evaded. They might not be allowed under the Brazilian Constitution. But such restrictiosn might serve the purpose that the Brazilian government has in mind.
answered Apr 7 at 15:04
David SiegelDavid Siegel
16.7k3665
Props for the Tolkien reference: tolkiengateway.net/wiki/Athelas
– ohwilleke
Apr 7 at 15:31
Unfortunately Brazil doesn't have an anointed king...
– Tim Lymington
yesterday
But if someone has the hands of a healer ... Honestly i just wanted a name rather than keep writing "the plant", didn't want to use the name of any actual plant, so ...
– David Siegel
yesterday
add a comment |
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1 Answer
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1 Answer
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oldest
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active
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votes
A government, in this case the Brazilian government, cannot effectively control what people, particularly people who are not its citizens, do in other countries. If people are able to obtain and ship outside of Brazil supplies of the plant, then the Brazilian government cannot stop them doing research on it.
However, the Brazilian government can largely control what happens in Brazil. It can ban or restrict cultivation or harvesting of the plant. (Let's call it Athelas.) It can pass a law requiring an Athelas harvester's license, and only approve licenses for citizens of Brazil who agree not to sell or transfer any Athelas to anyone outside Brazil. Indeed it can require that any Athelas harvester have a contract with a firm doing research in Brazil.
Whether such restrictions would be effective cannot be said in advance. They might be evaded. They might not be allowed under the Brazilian Constitution. But such restrictiosn might serve the purpose that the Brazilian government has in mind.
answered Apr 7 at 15:04
David SiegelDavid Siegel
16.7k3665
Props for the Tolkien reference: tolkiengateway.net/wiki/Athelas
– ohwilleke
Apr 7 at 15:31
Unfortunately Brazil doesn't have an anointed king...
– Tim Lymington
yesterday
But if someone has the hands of a healer ... Honestly i just wanted a name rather than keep writing "the plant", didn't want to use the name of any actual plant, so ...
– David Siegel
yesterday
add a comment |
A government, in this case the Brazilian government, cannot effectively control what people, particularly people who are not its citizens, do in other countries. If people are able to obtain and ship outside of Brazil supplies of the plant, then the Brazilian government cannot stop them doing research on it.
However, the Brazilian government can largely control what happens in Brazil. It can ban or restrict cultivation or harvesting of the plant. (Let's call it Athelas.) It can pass a law requiring an Athelas harvester's license, and only approve licenses for citizens of Brazil who agree not to sell or transfer any Athelas to anyone outside Brazil. Indeed it can require that any Athelas harvester have a contract with a firm doing research in Brazil.
Whether such restrictions would be effective cannot be said in advance. They might be evaded. They might not be allowed under the Brazilian Constitution. But such restrictiosn might serve the purpose that the Brazilian government has in mind.
answered Apr 7 at 15:04
David SiegelDavid Siegel
16.7k3665
Props for the Tolkien reference: tolkiengateway.net/wiki/Athelas
– ohwilleke
Apr 7 at 15:31
Unfortunately Brazil doesn't have an anointed king...
– Tim Lymington
yesterday
But if someone has the hands of a healer ... Honestly i just wanted a name rather than keep writing "the plant", didn't want to use the name of any actual plant, so ...
– David Siegel
yesterday
add a comment |
A government, in this case the Brazilian government, cannot effectively control what people, particularly people who are not its citizens, do in other countries. If people are able to obtain and ship outside of Brazil supplies of the plant, then the Brazilian government cannot stop them doing research on it.
However, the Brazilian government can largely control what happens in Brazil. It can ban or restrict cultivation or harvesting of the plant. (Let's call it Athelas.) It can pass a law requiring an Athelas harvester's license, and only approve licenses for citizens of Brazil who agree not to sell or transfer any Athelas to anyone outside Brazil. Indeed it can require that any Athelas harvester have a contract with a firm doing research in Brazil.
Whether such restrictions would be effective cannot be said in advance. They might be evaded. They might not be allowed under the Brazilian Constitution. But such restrictiosn might serve the purpose that the Brazilian government has in mind.
answered Apr 7 at 15:04
David SiegelDavid Siegel
16.7k3665
A government, in this case the Brazilian government, cannot effectively control what people, particularly people who are not its citizens, do in other countries. If people are able to obtain and ship outside of Brazil supplies of the plant, then the Brazilian government cannot stop them doing research on it.
However, the Brazilian government can largely control what happens in Brazil. It can ban or restrict cultivation or harvesting of the plant. (Let's call it Athelas.) It can pass a law requiring an Athelas harvester's license, and only approve licenses for citizens of Brazil who agree not to sell or transfer any Athelas to anyone outside Brazil. Indeed it can require that any Athelas harvester have a contract with a firm doing research in Brazil.
Whether such restrictions would be effective cannot be said in advance. They might be evaded. They might not be allowed under the Brazilian Constitution. But such restrictiosn might serve the purpose that the Brazilian government has in mind.
answered Apr 7 at 15:04
David SiegelDavid Siegel
16.7k3665
answered Apr 7 at 15:04
David SiegelDavid Siegel
16.7k3665
answered Apr 7 at 15:04
David SiegelDavid Siegel
16.7k3665
answered Apr 7 at 15:04
David SiegelDavid Siegel
16.7k3665
16.7k3665
Props for the Tolkien reference: tolkiengateway.net/wiki/Athelas
– ohwilleke
Apr 7 at 15:31
Unfortunately Brazil doesn't have an anointed king...
– Tim Lymington
yesterday
But if someone has the hands of a healer ... Honestly i just wanted a name rather than keep writing "the plant", didn't want to use the name of any actual plant, so ...
– David Siegel
yesterday
add a comment |
Props for the Tolkien reference: tolkiengateway.net/wiki/Athelas
– ohwilleke
Apr 7 at 15:31
Unfortunately Brazil doesn't have an anointed king...
– Tim Lymington
yesterday
But if someone has the hands of a healer ... Honestly i just wanted a name rather than keep writing "the plant", didn't want to use the name of any actual plant, so ...
– David Siegel
yesterday
Props for the Tolkien reference: tolkiengateway.net/wiki/Athelas
– ohwilleke
Apr 7 at 15:31
Props for the Tolkien reference: tolkiengateway.net/wiki/Athelas
– ohwilleke
Apr 7 at 15:31
Unfortunately Brazil doesn't have an anointed king...
– Tim Lymington
yesterday
Unfortunately Brazil doesn't have an anointed king...
– Tim Lymington
yesterday
But if someone has the hands of a healer ... Honestly i just wanted a name rather than keep writing "the plant", didn't want to use the name of any actual plant, so ...
– David Siegel
yesterday
But if someone has the hands of a healer ... Honestly i just wanted a name rather than keep writing "the plant", didn't want to use the name of any actual plant, so ...
– David Siegel
yesterday
add a comment |
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