When knowledge goes viral: Assessing the possibility of virus‐related traditional knowledge for access and benefit‐sharing.

• Autores: Michelle F. Rourke
• Localización: Journal of world intellectual property, ISSN 1422-2213, Vol. 21, Nº 5-6, 2018, págs. 356-368
• Idioma: inglés
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• Resumen

  • 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. [ABSTRACT FROM AUTHOR]