Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery: Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery

Peter Stuart Harrison

Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery: Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery

Law

Research output: Thesis › Doctoral Thesis

Abstract

International initiatives, such as the Nagoya Protocol to the United Nations Convention on Biological Diversity (the Protocol), have created (or are creating) “access and benefit sharing” rights which seek to ensure that genetic resources and traditional knowledge associated with such genetic resources (“TKAGR”) cannot be used without the consent of rights holders. These initiatives (including the Protocol) are unclear on how far non-consensual “use” extends to man-made downstream derivatives of the products of genetic expression. It also gives no guidance as to the degree to which control over TKAGR should extend throughout the drug discovery process. This work demonstrates how such TKAGR entering into a drug discovery process will be diluted with other information, used as an inspiration for further research, or for the development of research tools which may, in turn, lead to further discoveries and highlights how useful drugs may be very distal from the original inspiration provided by the TKAGR. This work also examines the causal link between an original piece of TKAGR and remote “downstream” uses of that information within drug discovery. It identifies “serendipitous” discoveries of unexpected second uses as a potential point at which the causation in law link to distal use may potentially be broken. This thesis examines the high level normative justifications for these rights, and in particular uses consequentialist/utilitarian, contribution/desert claims and distributive justice (Rawlsian maximin) claims to test their justifiable scope.

Original language	English
Qualification	Doctor of Philosophy
Awarding Institution	University of York
Supervisors/Advisors	Halliday, Simon, Supervisor Arvind, T T, Supervisor, External person
Award date	18 Dec 2015
Publication status	Unpublished - 2015

Cite this

Harrison, P. S. (2015). Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery: Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery . [Doctoral Thesis, University of York].

Harrison, Peter Stuart. / Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery : Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery . 2015. 368 p.

@phdthesis{ed33f7fd52bd471f960c5a3feaa3ff74,

title = "Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery: Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery ",

abstract = "International initiatives, such as the Nagoya Protocol to the United Nations Convention on Biological Diversity (the Protocol), have created (or are creating) “access and benefit sharing” rights which seek to ensure that genetic resources and traditional knowledge associated with such genetic resources (“TKAGR”) cannot be used without the consent of rights holders. These initiatives (including the Protocol) are unclear on how far non-consensual “use” extends to man-made downstream derivatives of the products of genetic expression. It also gives no guidance as to the degree to which control over TKAGR should extend throughout the drug discovery process. This work demonstrates how such TKAGR entering into a drug discovery process will be diluted with other information, used as an inspiration for further research, or for the development of research tools which may, in turn, lead to further discoveries and highlights how useful drugs may be very distal from the original inspiration provided by the TKAGR. This work also examines the causal link between an original piece of TKAGR and remote “downstream” uses of that information within drug discovery. It identifies “serendipitous” discoveries of unexpected second uses as a potential point at which the causation in law link to distal use may potentially be broken. This thesis examines the high level normative justifications for these rights, and in particular uses consequentialist/utilitarian, contribution/desert claims and distributive justice (Rawlsian maximin) claims to test their justifiable scope.",

author = "Harrison, {Peter Stuart}",

year = "2015",

language = "English",

school = "University of York",

}

Harrison, PS 2015, 'Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery: Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery ', Doctor of Philosophy, University of York.

Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery: Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery . / Harrison, Peter Stuart.
2015. 368 p.

Research output: Thesis › Doctoral Thesis

TY - BOOK

T1 - Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery

T2 - Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery

AU - Harrison, Peter Stuart

PY - 2015

Y1 - 2015

N2 - International initiatives, such as the Nagoya Protocol to the United Nations Convention on Biological Diversity (the Protocol), have created (or are creating) “access and benefit sharing” rights which seek to ensure that genetic resources and traditional knowledge associated with such genetic resources (“TKAGR”) cannot be used without the consent of rights holders. These initiatives (including the Protocol) are unclear on how far non-consensual “use” extends to man-made downstream derivatives of the products of genetic expression. It also gives no guidance as to the degree to which control over TKAGR should extend throughout the drug discovery process. This work demonstrates how such TKAGR entering into a drug discovery process will be diluted with other information, used as an inspiration for further research, or for the development of research tools which may, in turn, lead to further discoveries and highlights how useful drugs may be very distal from the original inspiration provided by the TKAGR. This work also examines the causal link between an original piece of TKAGR and remote “downstream” uses of that information within drug discovery. It identifies “serendipitous” discoveries of unexpected second uses as a potential point at which the causation in law link to distal use may potentially be broken. This thesis examines the high level normative justifications for these rights, and in particular uses consequentialist/utilitarian, contribution/desert claims and distributive justice (Rawlsian maximin) claims to test their justifiable scope.

AB - International initiatives, such as the Nagoya Protocol to the United Nations Convention on Biological Diversity (the Protocol), have created (or are creating) “access and benefit sharing” rights which seek to ensure that genetic resources and traditional knowledge associated with such genetic resources (“TKAGR”) cannot be used without the consent of rights holders. These initiatives (including the Protocol) are unclear on how far non-consensual “use” extends to man-made downstream derivatives of the products of genetic expression. It also gives no guidance as to the degree to which control over TKAGR should extend throughout the drug discovery process. This work demonstrates how such TKAGR entering into a drug discovery process will be diluted with other information, used as an inspiration for further research, or for the development of research tools which may, in turn, lead to further discoveries and highlights how useful drugs may be very distal from the original inspiration provided by the TKAGR. This work also examines the causal link between an original piece of TKAGR and remote “downstream” uses of that information within drug discovery. It identifies “serendipitous” discoveries of unexpected second uses as a potential point at which the causation in law link to distal use may potentially be broken. This thesis examines the high level normative justifications for these rights, and in particular uses consequentialist/utilitarian, contribution/desert claims and distributive justice (Rawlsian maximin) claims to test their justifiable scope.

M3 - Doctoral Thesis

ER -

Harrison PS. Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery: Distal Horizons An investigation of the justifiable downstream limits to the positive protection of traditional knowledge associated with genetic resources within drug discovery . 2015. 368 p.