Blue Genes

A "bio-piracy" case to watch:

http://www.nytimes.com/2006/02/21/international/africa/21lake.html?_r=1 (free registration required).

Some earlier reports ( http://www.grain.org/bio-ipr/?id=409 ) mention that Public Interest Intellectual Property Advisors, Inc. (http://www.piipa.org/) have been retained to pursue the case. What would the legal basis of such a claim be, given the US status in the CBD? Maybe a different jurisdiction would be more amenable?

And even if the legal case is hopeless, might it be a "flagship" rather than a "landmark" case, aimed at mobilizing public opinion towards changes in TRIPS?

T.