Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a 'tragedy of the anti-commons' in genetics. The essays in this book explore models designed to render patented genetic inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law, economics and philosophy. The volume looks beyond theoretical and scholarly analysis by conducting empirical investigation of existing examples of collaborative licensing models. Those models are examined from a theoretical perspective and tested in a set of operational cases. This combined approach is unique in its kind and prompts well founded and realistic solutions to problems in the current gene patent landscape.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Patent pooling for gene-based diagnostic testing: conceptual framework / Birgit Verbeure Case 1. The MPEG LA licensing model: what problem does it solve in biopharma and genetics? / Lawrence A. Horn Case 2. The SARS case: IP fragmentation and patent pools / Carmen E. Correa Critical analysis of patent pools / Jorge A. Goldstein Clearinghouse mechanisms in genetic diagnostics: conceptual framework / Esther van Zimmeren Case 3. The global biodiversity information facility (GBIF): an example of an information clearinghouse / James L. Edwards Case 4. BirchBob: an example of a technology exchange clearinghouse / Esther van Zimmeren and Dirk Avau Case 5. The public intellectual property resource for agriculture (PIPRA): a standard license public sector clearinghouse for agricultural IP / Alan B. Bennett and Sara Boettiger Case 6. The Science Commons Material Transfer Agreement Project: a standard license clearinghouse? / Thinh Nguyen.