Sharing in or Benefiting from Scientific Advancement?

Timmermann, Cristian

doi:10.1007/s11948-013-9438-3

Cited by 19 publications

(8 citation statements)

References 35 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The dominant paradigm in scientific development favours the strengthening and protection of Intellectual Property Rights (IPRs) in efforts to encourage and reward innovation. This paradigm was institutionalised after the introduction of patents, which in turn made scientific research more lucrative (Timmermann 2014). A patent is a "government-granted limited property right to exclude others from making, using or selling the patented invention" (Clark et al 2000).…”

Section: Intellectual Property Rights and Access To Essential Medicinesmentioning

confidence: 99%

Access to Effective Diagnosis and Treatment for Drug-Resistant Tuberculosis: Deepening the Human Rights-Based Approach

Shawa

Coomans

Cox

et al. 2020

Ethics and Drug Resistance: Collective Responsibility for Global Public Health

View full text Add to dashboard Cite

The lack of access to effective diagnosis and treatment for drug-resistant tuberculosis (DR-TB) remains a persistent ethical, human rights and public health challenge globally. In addressing this challenge, arguments based on a Human Rights-Based Approach (HRBA) to health have most often been focused on the Right to Health. However, a key challenge in multidrug-resistant (MDR-) and extensively drug-resistant (XDR-) TB is the glaring absence of scientific research; ranging from basic science and drug discovery through to implementation science once new tools have been developed. Although the Right to Enjoy the Benefits of Scientific Progress and its Applications (REBSP) is a little theorised human right, it has the potential to enrich our understanding and use of the Rights-Based Approach to health. In this chapter, we argue that States’ duties to respect, protect and fulfil the REBSP within and outside their borders is an important vehicle that can be drawn on to redress the lack of research into new drug development and appropriate use of existing drugs for DR-TB in high burden settings. We call for urgent attention to minimum core obligations for the REBSP and the need for a General Comment by a UN human rights monitoring body to provide for its interpretation. We also note that conceptualization of the REBSP has the potential to complement Right to Health claims intended to enhance access to treatment for DR-TB on a global scale.

show abstract

Section: Intellectual Property Rights and Access To Essential Medicinesmentioning

confidence: 99%

Access to Effective Diagnosis and Treatment for Drug-Resistant Tuberculosis: Deepening the Human Rights-Based Approach

Shawa

Coomans

Cox

et al. 2020

Ethics and Drug Resistance: Collective Responsibility for Global Public Health

View full text Add to dashboard Cite

show abstract

“…Marks 2011;Timmermann 2014b). While this article has been traditionally used to claim broader access to the objects of innovation, it is difficult to see if an orientation to more useful scientific advancement can be clearly argued for based on this article (cf.…”

Section: Pesticide Effectiveness As Common Heritage Of Mankindmentioning

confidence: 99%

Pesticides and the Patent Bargain

Timmermann

2014

J Agric Environ Ethics

Self Cite

View full text Add to dashboard Cite

“…Principles of fairness demand thus a fairer distribution of burdens by having this global incentive scheme in force (cf. Timmermann, 2013).…”

Section: Innovation and Cosmopolitanismmentioning

confidence: 99%

Justifying pro-poor innovation in the life sciences: a brief overview of the ethical landscape

Timmermann

2013

The Ethics of Consumption

View full text Add to dashboard Cite

An idea is a public good. The use of an idea by one person does not hinder others to benefit from the same idea. However in order to generate new life-saving ideas, e.g. inventions in the life sciences, a huge amount of human and material resources are needed. Powerful, but highly criticized tools to speed up the rate of innovation are exclusive rights, most prominently the use of patents and plant breeders' rights. Exclusive rights leave by nature a number of people empty-handed, with starvation, stuntedness, prevalence of disease and death as preventable and quotidian consequences. To stimulate a human rights compatible use of exclusive rights a wide range of moral frameworks have been developed to condemn current praxes. Most prominent in the debate are theories building on (1) utilitarian calculations of weighing benefits with Peter Singer as a prominent advocate, (2) Pogge's vindication of compensatory duties for institutional harms, (3) a comprehensive analysis on how the current innovation incentive system fails to secure human rights and human capabilities and lastly (4) showing how the status quo nurtures misrecognition. With help of those theories modest targets as well as a thorough restructure of the innovation incentive system can be justified. Those theories have the mammoth task of restraining well-established ideas supporting the permissibility of a reckless use of property rights that are deeply anchored in the property law discourse. Life sciences raise a range of special problems when justifying pro-poor innovation. Healthy people living in a society with a good sanitary infrastructure need far less resources to tackle health problems than people in places with a poor infrastructure. Patents that involve gene sequences (or part thereof) make inventing around impossible, making the seeking of licenses mandatory for investigators wanting to make follow-up research with the molecule. Speedy sharing of data concerning public health hazards or threats to food security are vital to maintain living standards.

show abstract

Sharing in or Benefiting from Scientific Advancement?

Cited by 19 publications

References 35 publications

Access to Effective Diagnosis and Treatment for Drug-Resistant Tuberculosis: Deepening the Human Rights-Based Approach

Access to Effective Diagnosis and Treatment for Drug-Resistant Tuberculosis: Deepening the Human Rights-Based Approach

Pesticides and the Patent Bargain

Justifying pro-poor innovation in the life sciences: a brief overview of the ethical landscape

Contact Info

Product

Resources

About