I just have to put my thought to this, as I know I have state it plenty of times in the zoom calls.
My first point is why? Just because it has happen in the past to other crops, why is this a solid reasoning it should happen again?
"Bowman v. Monsanto Co., 569 U.S. 278 (2013), was a United States Supreme Court patent decision in which the Court unanimously affirmed the decision of the Federal Circuit that the patent exhaustion doctrine does not permit a farmer to plant and grow saved, patented seeds without the patent owner's permission.[1]"
So what makes Kava a 3000 year old human created plant make it not the same case as Monsanto here.
is Monsanto not an organization of many people...
The area kava is grown in not know for being prosperous and not having many cash crops. Other area were kava could grow have more chances at economic development from other means so why would we take there chances at thriving in this world away.
Along with that the pacific islands are number one at risk for climate disasters in which the western nation who now wish to exploit kava caused. So at the very least the islands having kava can be there safety net for the disaster we created.
Please follow up on why I am wrong here and that we should allow kava to be stolen from the lands in which it is there intellectual property.
I do not see any reasoning behind how this is moral unless it is treated the same as Monsanto. Anything else is straight up theft. Just like any IP theft.
Yes, the Supreme Court ruled that Monsanto's genetically-modified maize could be patented and that farmers couldn't save seed and replant it. They actually went beyond this and further genetically modified maize so that its genetics would deteriorate after the initial planting - forcing farmers to buy new seed every season. This was a case that went through the US legal system and was ultimately decided by the Supreme Court.
Introducing issues like climate change and economic development are interesting for debate, but can they be considered along with this issue of patents? Or are they just red herrings? I think it's better to stick to the main questions:
Can a crop grown by multiple ethnic groups across multiple countries be patented for only those people to plant it? Who gets to grow it? Everyone in those countries? Only the indigenous people who have traditionally planted Kava? Does their blood have to be a certain percent indigenous? Can immigrants grow it? Can non-native people be involved in its sale, export, consumption? Why or why not?
How can this be enforced? If people are farming Kava in Australia does Interpol get involved? What about people in California? Ecuador? Costa Rica? Tanzania? Who will enforce the laws around this patent?
Ultimately the main question is - who gets to speak for Kava? Who are the "original" Kava farmers? Should only they be allowed to grow Kava?
Should we be allowed to drink Kava?
Perhaps a bigger question is - why is the economic development and quality of life in these countries dependent on Kava cultivation? Isn't that a bigger issue?
Also - are the people in these countries who are selling Kava and becoming wealthy funneling that cash into economic development? Is Kava actually causing inequality in some circumstances?