You are a botanist operating in a remote region of a small tropical country. You stumble across
Question:
You are a botanist operating in a remote region of a small tropical country. You stumble across a field of strange flowers that you have never encountered before. The tribes people tell you that they use the flower to heal various ailments by rubbing its petals on the skin and chanting a healing prayer. You pluck one of the flowers and when you return to your campsite that night, you show it to a fellow explorer who is an expert in biochemistry. The biochemist smells the flower and says that it is vaguely reminiscent of Substance P. Substance P is a medicine widely used to treat a variety of serious diseases. She tells you that Substance P is easy to detect: It turns bright yellow when exposed to intense heat. That evening, you put the flower over the campfire, and, sure enough, it turns bright yellow. When you return home, you work for months to isolate the active ingredient in the flower. It is not Substance P, but a close structural analog. In chemical experiments, the extract shows great promise for fighting many of the diseases that Substance P can treat without Substance P's dreaded side effects.
- What rights, if any, should you have in this discovery and research?
- Should those rights prevent anyone else from going back to the tropical country, finding the flower, and isolating the chemical you have discovered?