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39 results

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  • 13 - Sharing Pathogen Sequence Data for Global Scientific Research under the Nagoya Protocol to the Convention on Biological Diversity

  • from Part III - Intellectual Property and Global Inequality
  • Edited by Daniel Benoliel, University of Haifa, Israel, Peter K. Yu, Texas A & M University School of Law, Francis Gurry, World Intellectual Property Organization, Keun Lee, Seoul National University
  • Book:
    Intellectual Property, Innovation and Economic Inequality
    Published online:
    05 December 2024
    Print publication:
    12 December 2024, pp 324-348
    • Chapter
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  • Summary

    The Nagoya Protocol to the Convention on Biological Diversity (CBD) has threatened to impede access to genetic resources and related data for cross-border scientific research. In principle, every use of genetic resources would require a set of contracts under the CBD, in a “bilateral” regime. The related transaction costs could overwhelm many transnational research undertakings, affecting even public health responses to outbreaks and epidemics. However, the Nagoya Protocol also offers a unique opportunity to resolve this dilemma, despite struggles to define the meaning and coverage of “digital sequence information.” The coverage of genetic sequence data under the CBD remains controversial mainly because users do not know what the potential consequences of such coverage might ultimately entail. This chapter’s objective is to outline a type of coverage devised specifically for pathogens that would promote science, public health, and commercial applications while also protecting the interests of provider countries, supporting innovation, and addressing inequalities. The authors envision an agreed waiver for pathogen sequence data used for upstream scientific research purposes under the Nagoya Protocol, without compromising the duty of users to share benefits. This waiver should help alleviate the problems of definition and subject-matter coverage that have stymied multilateral action.

  • 10 - The Limits of “Limitations and Exceptions” in Copyright Law

  • Edited by Ruth L. Okediji
  • Book:
    Copyright Law in an Age of Limitations and Exceptions
    Published online:
    07 June 2017
    Print publication:
    30 March 2017, pp 292-314

  • Summary

    Abstract

    The “designated exceptions” approach in the European Union and elsewhere becomes obsolete when faced with the needs of digital science to scrutinize and analyze all relevant research results pertinent to any scientific inquiry. Even the fair use exception rooted in U.S. law, while more agile on a case by case approach, is challenged by the scientific communities’ need to reproduce and analyze all available material relevant to any given research project and by the ability of automated knowledge discovery tools to do just that. A more promising model for reform is the “some rights reserved” concept of private ordering that has recently afforded scholars and scientists alternative standard deals that better serve both their private interests and those of the public at large. This article explores the possibility of legislatively encouraging authors and artists in general to consider a more nuanced set of standard legal options than the one size fits all model inherited from the eighteenth century.

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