ABSTRACT
This chapter takes the Nagoya Protocol a UN protocol aiming to prevent biopiracy as an example to discuss how the negotiations over biopatents also reflect different approaches to commodification of nature and the limits of propertization. These practical problems can potentially be addressed through legislation. The chapter looks at such an initiative on an international level. Another limitation to the Nagoya Protocol is that it does not address the core issue of biopiracy; that is, patents and intellectual property rights in general. It argues that property relates to place in a very specific manner in the context of nuclear testing. Indigenous Australians were hence doubly denied access to the Australian nation: because they held no title to the land, and because they were not given citizenship rights which would extend to them the rights and protection which any nation grants to its citizens.
