When knowledge goes viral: Assessing the possibility of virus-related traditional knowledge for access and benefit-sharing
File version
Accepted Manuscript (AM)
Author(s)
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
Size
File type(s)
Location
License
Abstract
Viruses, like all genetic resources, are subject to Access and Benefit‐Sharing (ABS) obligations under the Convention on Biological Diversity (CBD) and its Nagoya Protocol. This requires that access to genetic resources accords with mutually agreed terms and with the prior informed consent of providing parties. Similar conditions must be met for the use of any Traditional Knowledge (TK) associated with genetic resources held by Indigenous Peoples and local communities. While there are many documented cases of TK indirectly associated with viruses, this article will demonstrate that there are indeed instances where TK could be directly associated with viruses. As the utility of viruses in various biotechnological applications becomes ever more apparent, it is time to consider whether the TK provisions of the CBD and Nagoya Protocol might factor into future virus ABS agreements, and whether TK considerations might also affect the suite of intellectual property protections currently afforded to viruses and viral derivatives in some jurisdictions.
Journal Title
Journal of world intellectual property
Conference Title
Book Title
Edition
Volume
21
Issue
5-Jun
Thesis Type
Degree Program
School
Publisher link
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement
© 2018 John Wiley & Sons Ltd. This is the peer reviewed version of the following article: When knowledge goes viral: Assessing the possibility of virus‐related traditional knowledge for access and benefit‐sharing, Advanced Healthcare Materials, 2018, 21 (5-6), pp. 356-368, which has been published in final form at https://doi.org/10.1111/jwip.12100. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving (http://olabout.wiley.com/WileyCDA/Section/id-828039.html)
Item Access Status
Note
Access the data
Related item(s)
Subject
Private law and civil obligations
Public health
International and comparative law
Environmental and resources law
Other Indigenous studies not elsewhere classified
Social Sciences
Government & Law
access to knowledge
benefit sharing
Persistent link to this record
Citation
Rourke, MF, When knowledge goes viral: Assessing the possibility of virus-related traditional knowledge for access and benefit-sharing, Journal of world intellectual property, 2018, 21 (5-6), pp. 356-368