The Protection of Traditional Knowledge at the Frontiers of Drug Discovery

The Protection of Traditional Knowledge at the Frontiers of Drug Discovery PDF

Author: Peter S Harrison

Publisher: Hart Publishing

Published: 2024-08-08

Total Pages: 0

ISBN-13: 1509937536

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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.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2020-07-08

Total Pages: 56

ISBN-13: 9280525875

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General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.

The Placebo Effect: International Patent Law and the Protection of Traditional Plant Medicine

The Placebo Effect: International Patent Law and the Protection of Traditional Plant Medicine PDF

Author:

Publisher:

Published: 2003

Total Pages:

ISBN-13:

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The underlying theme of this thesis is the systemic indifference that exists within international intellectual property law towards Indigenous traditional knowledge. In general, there appears to be a widening gap between the importance international law accords to matters of commercial interest and those of a social nature. Indigenous traditional knowledge of medicinal plants is especially disadvantaged in this dichotomous system since it is not only representative of enormous commercial profits but it is also the core of many Indigenous belief and social systems. The crystallization of international law's preoccupation with the effective protection of commercial interests came in the form of the Trade Related Intellectual Property Rights (TRIPS) agreement incorporated into the World Trade Organization (WTO). Two years previously, the Convention on Biological Diversity (CBD) was signed, reflecting international law's perceived dedication to sustainable development and became the first international treaty to address Indigenous traditional knowledge. These two pieces of international law are often seen as balancing the commercial and sustainable development needs of the international economy. Upon further examination however, one is left the impression that the idea of the CBD effectively and successfully defending the needs of sustainable development and Indigenous traditional knowledge against pressure to the contrary from TRIPS and the WTO is simplistic at best. The thesis also explore the role patent law plays in the creation of modern industries, such as the pharmaceutical industry, and how these industries are able, through the power gained via patent law, to influence national and especially international legislation. Equally, it deals with the role patents play in disempowering peoples with Indigenous traditional knowledge of medicinal plants leading to a situation where such knowledge is marginalized along with its bearers. The thesis addresses the instituti.

Transboundary Heritage and Intellectual Property Law

Transboundary Heritage and Intellectual Property Law PDF

Author: Patricia Covarrubia

Publisher: Taylor & Francis

Published: 2022-11-30

Total Pages: 172

ISBN-13: 1000791041

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Since the Intangible Heritage Convention was adopted by UNESCO in 2003, intangible cultural heritage has increasingly been an important subject of debate in international forums. As more countries implement the Intangible Heritage Convention, national policymakers and communities of practice have been exploring the use of intellectual property protection to achieve intangible cultural heritage safeguarding outcomes. This book examines diverse cultural heritage case studies from Indigenous communities and local communities in developing and industrialised countries to offer an interdisciplinary examination of topics at the intersection between heritage and property which present cross-border challenges. Analysing a range of case studies which provide examples of traditional knowledge, traditional cultural expressions, and genetic resources by a mixture of practitioners and scholars from different fields, the book addresses guidelines and legislation as well as recent developments about shared heritage to identify a progressive trend that improves the understanding of intangible cultural heritage. Considering all forms of intellectual property, including patents, copyright, design rights, trade marks, geographical indications, and sui generis rights, the book explores problems and challenges for intangible cultural heritage in crossborder situations, as well as highlighting positive relationships and collaborations among communities across geographical boundaries. Transboundary Heritage and Intellectual Property Law: Safeguarding Intangible Cultural Heritage will be an important resource for practitioners, scholars, and students engaged in studying intangible cultural heritage, intellectual property law, heritage studies, and anthropology.

Regulating Protection, Preservation and Technology Transfer of Biodiversity-Based Drugs

Regulating Protection, Preservation and Technology Transfer of Biodiversity-Based Drugs PDF

Author: Geertrui Van Overwalle

Publisher:

Published: 2014

Total Pages: 0

ISBN-13:

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The production of biodiversity-based drugs has gained wide interest and concern. Two main approaches can be observed. The majority of legal thinking has been focusing on models protecting (and preserving) biodiversity and associated traditional knowledge to fit the needs of biodiversity and traditional knowledge holders. The Convention on Biodiversity (CBD) clearly stipulates that Contracting Parties (read: developed countries) shall take legislative, administrative or policy measures, with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources (read: developing countries). Somewhat lesser attention has been given in academic circles to legal tools stimulating transfer of technology related to biodiversity-based drugs. Such an approach may be inspired by the CBD, which also stipulates that Contracting Parties (read: developed countries) shall take measures, with the aim that Contracting Parties, in particular those that are developing countries, which provide genetic resources, are provided access to and transfer of technology which makes use of those resources, on mutually agreed terms, including technology protected by patents and other intellectual property rights, where necessary. Instead of focusing on workable mechanisms providing protection for (and preservation of) biodiversity and traditional knowledge, these scholars mainly reflect on legal instruments which might be helpful in establishing transfer of technology relating to genetic resources and traditional knowledge. In doing so, they do not enter into the global access-to-medicine debate, but confine themselves to the more restricted topic of biodiversity-based drugs. The present paper first defines some concepts and classifications, in an aim to set the starting points of the debate right. The paper then reviews current instruments which can offer protection and preservation for biodiversity and associated traditional knowledge, both from the perspective of holders and users. In doing so, the paper comments on the way the various instruments have been presented by Ghidini & Arezzo and casts the multitude of measures in a more systematic framework. The paper then centres on one of the measures which can be helpful in transferring technology related to genetic resources and traditional knowledge, more in particular the local working requirement. Ghidini & Arezzo are one of the fewer scholars exploring this avenue of thinking, and the current paper will examine their viewpoint. Some concluding remarks critically overlook the current debate.

Evidence Based Validation of Traditional Medicines

Evidence Based Validation of Traditional Medicines PDF

Author: Subhash C. Mandal

Publisher: Springer

Published: 2022-02-02

Total Pages: 1151

ISBN-13: 9789811581298

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The demand for traditional medicines, herbal health products, herbal pharmaceuticals, nutraceuticals, food supplements and herbal cosmetics etc. is increasing globally due to the growing recognition of these products as mainly non-toxic, having lesser side effects, better compatibility with physiological flora, and availability at affordable prices. In the last century, medical science has made incredible advances all over the globe. In spite of global reorganization and a very sound history of traditional uses, the promotion of traditional medicine faces a number of challenges around the globe, primarily in developed nations. Regulation and safety is the high concern for the promotion of traditional medicine. Quality issues and quality control, pharmacogivilane, scientific investigation and validation, intellectual property rights, and biopiracy are some key issues that restrain the advancement of traditional medicine around the globe. This book contains diverse and unique chapters, explaining in detail various subsections like phytomolecule, drug discovery and modern techniques, standardization and validation of traditional medicine, and medicinal plants, safety and regulatory issue of traditional medicine, pharmaceutical excipients from nature, plants for future. The contents of the book will be useful for the academicians, researchers and people working in the area of traditional medicine.

Politics of Intellectual Property

Politics of Intellectual Property PDF

Author: European Consortium for Political Research. Joint Sessions of Workshops

Publisher: Edward Elgar Publishing

Published: 2009

Total Pages: 261

ISBN-13: 1849802068

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We know much more about the global politics of intellectual property than we do about national political contests over the ownership of knowledge. Haunss and Shadlen have identified this gap in the literature and have done a fine job of bringing together a set of essays that helps to fill this gap in our understanding of the multi-layered nature of intellectual property politics. Peter Drahos, The Australian National University, Canberra This thought-provoking volume provides invaluable new insights and is a major contribution to the debate on the politics of intellectual property rights. Duncan Matthews, Queen Mary, University of London, UK This book offers empirical analyses of conflicts over the ownership, control, and use of knowledge and information in developed and developing countries. Sebastian Haunss and Kenneth C. Shadlen, along with a collection of eminent contributors, focus on how business organizations, farmers, social movements, legal communities, state officials, transnational enterprises, and international organizations shape IP policies in areas such as health, information-communication technologies, indigenous knowledge, genetic resources, and many others. The innovative and original chapters examine conflicts over the rules governing various dimensions of IP, including patents, copyrights, traditional knowledge, and biosafety regulations. Written from a political perspective, this book is a must-read for political scientists, sociologists and anthropologists who study IP and conflicts over property. It is also an essential read for stakeholders in institutions, NGOs and industry interested in knowledge governance and IP politics.

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