Seedling - January 2004

Redefining 'property': Private Property, the Commons, and the Public Domain

Brewster Kneen analyses the "culture of turning everything and anything into commodities that can be bought and sold". The commons and the public domain have been diminished. Kneen looks at what "the commons", "public domain" and "private property" really mean and even compares our current notions of property with those of the Romans. Interestingly, the Romans only had different types of public property as opposed to the capitalist notion of private property. "There is nothing absolute about these five [Roman] categories, but the characterisation does make the point that there is a far greater range of property-holding arrangements possible than either those of us who oppose privatisation or those who support it have been considering". "Now is the time for legal and institutional creativity, not defensiveness or retrenchment. Now is the time to give new meaning to the ‘commons’ and ‘public domain’ in practice."

Brewster Kneen analyses the "culture of turning everything and anything into commodities that can be bought and sold". The commons and the public domain have been diminished. Kneen looks at what "the commons", "public domain" and "private property" really mean and even compares our current notions of property with those of the Romans. Interestingly, the Romans only had different types of public property as opposed to the capitalist notion of private property. "There is nothing absolute about these five [Roman] categories, but the characterisation does make the point that there is a far greater range of property-holding arrangements possible than either those of us who oppose privatisation or those who support it have been considering". "Now is the time for legal and institutional creativity, not defensiveness or retrenchment. Now is the time to give new meaning to the ‘commons’ and ‘public domain’ in practice."

Good ideas turned bad? A glossary of rights-related terminology

GRAIN takes a critical look at some such key concepts related to knowledge, biodiversity and intellectual property rights. Many of these words and phrases look innocent enough at a first glance, but on deeper examination, we can see how they have been twisted, manipulated, usurped, devalued and/or denatured. Some are used to constrain us and lock us into a particular way of thinking, and others are used against us. This is not an exercise aimed at drawing final conclusions, but an invitation to deconstruct some definitions and start the search for new terminology and ways of thinking that may help us untangle us from some of the conceptual traps we are stuck in.

GRAIN takes a critical look at some such key concepts related to knowledge, biodiversity and intellectual property rights. Many of these words and phrases look innocent enough at a first glance, but on deeper examination, we can see how they have been twisted, manipulated, usurped, devalued and/or denatured. Some are used to constrain us and lock us into a particular way of thinking, and others are used against us. This is not an exercise aimed at drawing final conclusions, but an invitation to deconstruct some definitions and start the search for new terminology and ways of thinking that may help us untangle us from some of the conceptual traps we are stuck in.

The great protection racket: imposing IPRs on traditional knowledge

Most Seedling readers will find the idea of using IPRs to protect traditional knowledge bizarre, if not offensive. IPRs are now routinely used by commercial interests to appropriate and exploit traditional knowledge. Experience tells us that IPRs rank among the major threats to its protection, not one of its defences. But a WIPO committee in Geneva is proposing just that: to create an entirely new form of IPR especially for traditional knowledge. How should indigenous groups, farmers and other holders of traditional knowledge respond?

Most Seedling readers will find the idea of using IPRs to protect traditional knowledge bizarre, if not offensive. IPRs are now routinely used by commercial interests to appropriate and exploit traditional knowledge. Experience tells us that IPRs rank among the major threats to its protection, not one of its defences. But a WIPO committee in Geneva is proposing just that: to create an entirely new form of IPR especially for traditional knowledge. How should indigenous groups, farmers and other holders of traditional knowledge respond?

Interview: German Velez

“ Between 1988 and 1994 I lived with Amazon communities researching agroforestry systems on indigenous chacras (peasant farming plots). This research on agricultural diversity and the cultural complexities of farming in the Amazon provided my first close contact with indigenous groups and local communities. When I came back to Bogotá, I joined the Semillas (Seeds) group of the Swissaid Foundation, and began working to support and advise indigenous, Afro-Colombian and peasant organisations in several regions of the country on issues related to the recovery, conservation and management of diversity and of traditional knowledge. The work began by providing support for the recovery and management of local seeds. In the mid 1990s, local groups began urging us to go beyond the recovery of local seeds to cover the political dimension of the problems. So now we help organisations to develop strategies and public policies for the local defence and control over their resources.”

“ Between 1988 and 1994 I lived with Amazon communities researching agroforestry systems on indigenous chacras (peasant farming plots). This research on agricultural diversity and the cultural complexities of farming in the Amazon provided my first close contact with indigenous groups and local communities. When I came back to Bogotá, I joined the Semillas (Seeds) group of the Swissaid Foundation, and began working to support and advise indigenous, Afro-Colombian and peasant organisations in several regions of the country on issues related to the recovery, conservation and management of diversity and of traditional knowledge. The work began by providing support for the recovery and management of local seeds. In the mid 1990s, local groups began urging us to go beyond the recovery of local seeds to cover the political dimension of the problems. So now we help organisations to develop strategies and public policies for the local defence and control over their resources.”

Sprouting Up: Contamination by GM maize found in nine states in Mexico

Studies undertaken by a number of NGOs in Mexico have found widespread genetic contamination of maize fields with genetically modified (GM) material in nine states: Chihuahua, Morelos, Durango, Mexico State, Puebla, Oaxaca, San Luis Potosí, Tlaxcala and Veracruz. The analysis were carried on 2,000 plants (in 411 groups of samples), from 138 farming and indigenous communities. In 33 communities (24% of total samples), the tests found some presence of transgenes in native maize. The results show percentages of contamination that run from 1.5% to 33.3%, in a second round of analysis.

Studies undertaken by a number of NGOs in Mexico have found widespread genetic contamination of maize fields with genetically modified (GM) material in nine states: Chihuahua, Morelos, Durango, Mexico State, Puebla, Oaxaca, San Luis Potosí, Tlaxcala and Veracruz. The analysis were carried on 2,000 plants (in 411 groups of samples), from 138 farming and indigenous communities. In 33 communities (24% of total samples), the tests found some presence of transgenes in native maize. The results show percentages of contamination that run from 1.5% to 33.3%, in a second round of analysis.

Sprouting Up: European farmers plan new campaign for farmers' seeds

A new, exciting and long-overdue initiative to help farmers save, use and share their seeds is taking off in Europe. In Paris, France, on 13 November, the Réseau Semences Paysannes of France and Red de Semillas of Spain organised a workshop entitled Farmer Seeds: rebuilding autonomy in Europe. The workshop was part of the seminar GMOs, patents and seed monopolies: resistance and proposed alternatives in Europe which was part of the European Social Forum.

A new, exciting and long-overdue initiative to help farmers save, use and share their seeds is taking off in Europe. In Paris, France, on 13 November, the Réseau Semences Paysannes of France and Red de Semillas of Spain organised a workshop entitled Farmer Seeds: rebuilding autonomy in Europe. The workshop was part of the seminar GMOs, patents and seed monopolies: resistance and proposed alternatives in Europe which was part of the European Social Forum.

Information Feudalism: Who Owns the Knowledge Economy?

We need more books like Information Feudalism. This important review of the history of intellectual property rights (IPRs) puts into perspective the pressure that we are all being subjected to by the push for stronger and stronger property rights over intangible assets. By “information feudalism” the authors refer to a project of visionaries that is currently being contested.

We need more books like Information Feudalism. This important review of the history of intellectual property rights (IPRs) puts into perspective the pressure that we are all being subjected to by the push for stronger and stronger property rights over intangible assets. By “information feudalism” the authors refer to a project of visionaries that is currently being contested.