The European Patent Office has it right - you cannot scoop up someone else's culture and claim an intellectual property interest in it:
EPO initially granted the patent to the US Department of Agriculture and multinational WR Grace in 1995. But the Indian government successfully argued that the medicinal neem tree is part of traditional Indian knowledge. The winning challenge comes after years of campaigning and legal challenges against so-called "bio-piracy". Leading the campaign in the neem case was the EU Parliament's Green Party, India-based Research Foundation for Science, Technology and Ecology (RFSTE) and the International Federation of Organic Agriculture Movements (IFOAM). This historic precedent must be further developed Linda Bullard, IFOAM "Denying the patent means upholding the value of traditional for millions of [people] not only in India but throughout the South. The free tree will stay free," said RFSTE director Dr Vandana Shiva. "This victory is the result of extremely long solidarity. It is a victory of committed citizens over commercial interests and big powers."From the BBC. So just as you cannot patent that mouse in Canada and you should not take what someone else has made simply because you can make money with it than without it, so too are things relied on for ages not available for your price tag.
Legal principle in common: if it is not yours do not take it. Rocket science.
