The Protection of Traditional Knowledge at the Frontiers of Drug Discovery / Peter S. Harrison.

Format:

Book

Author/Creator:

Harrison, Peter S, author.

Language:

English

Subjects (All):

Drug development.

Traditional medicine.

Physical Description:

1 online resource (347 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing (UK), 2024.

Place of Publication:

London : Hart Publishing, 2024.

System Details:

text file HTML

Summary:

This book concerns the often fractious interface between drug discovery and commercialisation, environmental degradation, the biodiversity crisis, the exploitation of indigenous peoples and the destruction of their culture, the right to health, inequalities of power, and the ability of the law to protect knowledge. For millennia, medicinal plants have provided a trove of treatments for human ailments, and the key to that treasure has been the traditional knowledge of the indigenous peoples who have lived alongside these plants. More recently that knowledge has been taken, often without consent or recompense, by Western science as a springboard for the development of pharmaceutical agents. As a response to threats to biodiversity and indigenous culture, international mechanisms have created, or are creating, enforceable rights for indigenous peoples to control such knowledge. With a background in pharmacology and molecular biology and significant experience as a lawyer in pharmaceutical and biotech patent litigation, the author brings a fresh perspective to understanding the difficulties of enforcing such rights and, in particular, examines whether there is a philosophically justifiable limit to the downstream scope of such rights. This book is aimed at all those with an interest in the control of indigenous genetic knowledge and the protection of indigenous culture, whether academics, anthropologists or pharmaceutical researchers, and those seeking to make indigenous rights work, as activists, legislators or practising lawyers.

Contents:

Intro

Acknowledgements

Table of Contents

List of Figures

List of Tables

Table of Cases

Table of Legislation

1. Introduction

I. The Aim of this Work

II. Claims of Misappropriation of TKAGR

III. The Problem of Downstream Use

IV. How Should We Seek to Address this Problem of 'Scope'?

V. Overview of the Structure of this Work

2. The International 'Solutions' to Claims of Misappropriation of TKAGR

I. Introduction

II. The UN Route(s)

III. The WTO Route

IV. The WIPO Route

V. Conclusions

3. The Nature of the Positive Rights in TKAGR within the Nagoya Protocol

II. The Positive Protection Provisions of the Nagoya Protocol

III. What Does 'Access' to a Genetic Resource Mean?

IV. The Meaning of 'Genetic Resources'

V. The Products of Genetic Expression

VI. What Does 'Utilization of Genetic Resources' Mean?

VII. The Meaning of 'Biotechnology' and 'Derivatives'

VIII. Does the 'New' Definition of 'Derivative' Assist?

IX. What Is the Purpose of the Expanded Definition of 'Derivative'?

X. 'Isolated' Derivatives

XI. The Problem of 'Chemical Derivatives'

XII. Informational Linkages: 'Genetic Information'

XIII. Genetic Expression and Downstream Derivatives

XIV. The Right to Control 'Access' to TKAGR under Article 7

XV. The Right to Benefit-Sharing under Article 5(5)

XVI. The 'General' TKAGR Provision at Article 12(1)

XVII. Special Considerations

XVIII. Conclusions: The Nature of the Nagoya Protocol Positive Right Over TKAGR

4. The Philosophical Justifications for Positive Rights in TKAGR

II. The 'Problem' of Intangibles

III. The 'Problem' of Knowledge

IV. High-level Justifications for the Protection of Knowledge

V. Is Traditional Knowledge Different?

VI. Deontological Justifications.

VII. Consequentialist Justifications for Intellectual Property

VIII. Unjust Enrichment, Misappropriation and Restitution

IX. Distributive Justice

X. Restorative/Corrective Justice ('Reparations')

XI. Human Rights Justifications

XII. Indigenous 'Sovereignty' and 'Indigenous Intellectual Property' in TKAGR

XIII. Conclusions

5. The Landscape of Drug Discovery

II. The Pharmacological Background

III. Looking for Crux Points - The Flow of Information and the 'Dilution' of Contribution

IV. The Nature of 'Serendipitous' Discoveries of New Uses

V. Case Studies of Serendipitous Discoveries within Drug Discovery

6. The Application of Philosophical Justifications for Positive Rights in TKAGR to the Serendipitous Discovery of Second Uses

II. Policy Options

III. Deontological Justifications

IV. Utilitarian Goals and the Scope of the Positive Right in TKAGR

V. A Rawlsian Distributive Justice Analysis

VI. Restorative/Corrective Justice ('Reparations')

VII. Human Rights Justifications - The Indigenous Right to Self-determination

VIII. Conclusions

7. Synthesis of Findings and Further Analysis

II. How Might We Achieve Synthesis?

III. A Synthesis

IV. The Workability of a Limited Veto - Introduction

V. The Workability of a Limited Veto - Assessment of 'Contribution'

VI. The Workability of a Limited Veto - Serendipity and 'Retrospective Obviousness'

VII. The Workability of a Limited Veto - 'Coincidental' Second Uses

8. Conclusions

I. Introduction - Aims of the Work

II. Application of Philosophical Justifications

III. Synthesis

IV. What is Serendipity?

V. Coincidental Discoveries

VI. Overall Conclusions

Bibliography

Index.

Notes:

Includes bibliographical references and index.

ISBN:

9781509937561

1509937560

9781509937554

1509937552

9781509937547

1509937544

OCLC:

1450097222