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Intellectual property. Enhanced: intellectual property landscape of the human genome.

The impact of gene patents on downstream research and innovation are unknown, in part because of a lack of empirical data on the extent and nature of gene patenting. In this Policy Forum, the authors show that 20% of human gene DNA sequences are patented and that some genes are patented as many as 20 times. Unsurprisingly, genes associated with health and disease are more patented than the genome at large. The intellectual property rights for some genes can become highly fragmented between many owners, which suggests that downstream innovators may face considerable costs to gain access to gene-oriented technologies.

Base Sequence↗

The growing complexity of international policy in intellectual property.

Intellectual property has historically been a self-contained policy at the international level. With the introduction of the TRIPs Agreement in 1994 and developments since the conclusion of the TRIPs Agreement, the relationship between intellectual property policy and other areas of public policy has become much more complex and interactive. This shift reflects the centrality of intellectual property in the knowledge economy, the rapid development of enabling technologies, notably the Internet and biotechnology, and the advent of the networked society. The consequences of this shift are manifold and herald the increased sophistication and complexity that may be expected of intellectual property regimes in the knowledge economy.

Intellectual Property↗

The anti-intellectual effects of intellectual property.

Intellectual property considerations decrease research productivity in subtle and unanticipated ways. Chemical probe exchange between Pharma and academia is hindered by academic IP interests. These are perceived as a subtle nuisance by the academic researcher. Novel ligands for oral targets are historically few and numbers of economically attractive oral drug targets are limited. Economically speculative targets lie in the academic domain but the medicinal chemistry to explore these in a drug discovery sense lies in Pharma and cooperation between the two is hindered by very different academic and Pharma views on chemical quality. Tools and probes for academic target validation can accommodate looser chemical quality criteria as opposed to the very strict chemical quality criteria required in Pharma drug discovery.

Academies and Institutes↗

An economic analysis of unilateral refusals to license intellectual property.

The intellectual property laws in the United States provide the owners of intellectual property with discretion to license the right to use that property or to make or sell products that embody the intellectual property. However, the antitrust laws constrain the use of property, including intellectual property, by a firm with market power and may place limitations on the licensing of intellectual property. This paper focuses on one aspect of antitrust law, the so-called "essential facilities doctrine," which may impose a duty upon firms controlling an "essential facility" to make that facility available to their rivals. In the intellectual property context, an obligation to make property available is equivalent to a requirement for compulsory licensing. Compulsory licensing may embrace the requirement that the owner of software permit access to the underlying code so that others can develop compatible application programs. Compulsory licensing may undermine incentives for research and development by reducing the value of an innovation to the inventor. This paper shows that compulsory licensing also may reduce economic efficiency in the short run by facilitating the entry of inefficient producers and by promoting licensing arrangements that result in higher prices.

Costs and Cost Analysis↗

Language revitalization in Native North America--issues of intellectual property rights and intellectual sovereignty.

Language revitalization, oral tradition and epistemology are expressions of Native peoples intellectual sovereignty, and thus the foundation for indigenous intellectual property rights. As the people of California move towards language and cultural revitalization the question arises: What constitutes or constructs the definitions of intellectual property and how can appropriation of indigenous knowledge be protected? Looking at the issues faced by the California's indigenous populace and by implication, other indigenous peoples in the United States, this essay examines how protection may be afforded under the United Nations definition of 'heritage'. Given that the holding safe of a 'culture' or 'heritage' is inclusive of language, and thus has been determined to be a human right.

California↗

Patents and the nurse scholar, Part I: The basic philosophy of intellectual property.

Patenting intellectual property is important for a number of reasons. Health care products are designed to improve the effectiveness and efficiency of care. Without the patent, the property would most likely never enter into the public market for general use by either health care providers or clients. Products such as the specialized IV pole which also accommodates dependent drains (e.g. urinary drainage bags) (Rebar, 1991) or the premature infant pacifier (Engebretson & Wardell, 1991) are valuable assets to patient care. However, without patents to protect them as property, their value in the commercialization process would be nil. Therefore, the public benefits from this system for three reasons: (1) it encourages the inventor to make the invention; (2) the public is given the opportunity to use the invention; (3) the knowledge of the invention is made available to everyone; and (4) often royalties are returned to the institution for further research and development activities.

Clinical Nursing Research↗

Know your intellectual property rights.

Dismissing intellectual property rights as someone else's responsibility may not be prudent. It can jeopardize a company's future business because any new product could be unprotected, or even worse, belong to someone else. This article explains how a little strategic planning and due diligence can help prevent unnecessary legal costs. Much of a company's value can be tied up in intangible assets such as patents, trademarks and copyright, and an intellectual property audit helps assess its true worth.

Equipment and Supplies↗

Needed: models of biotechnology intellectual property.

Although never uncontroversial, intellectual property rights in biotechnological innovation are once more the focus of intense debate. The debate has yet to reach any result, largely because of several important errors in the way that various disciplines approach it. These errors include making assumptions without empirical basis and conflating various intellectual property regimes. What is needed is a transdisciplinary integrated method to correct these errors. Such a method can be implemented through the construction of alternative models of intellectual property protection designed to balance the various social, ethical and economic constraints that affect biotechnology.

Biotechnology↗

Intellectual property strategy in bioinformatics and biochips.

Intellectual property rights are essential in today's technology-driven age. A strong intellectual property protection strategy is crucial in the bioinformatics and biochips technology spaces as monetary and temporal resources are tremendous in finding a blockbuster drug or gene therapy, as well as in deploying advanced biosensor and other medical systems. Current problems and intellectual property practice in the genomic space are presented and analyzed. Various strategy and solutions are proposed to guide bioinformatic and biochip companies in forming an aggressive strategy to protect one's intellectual property and competitive positioning.

Computational Biology↗

Ethnobotany and intellectual property rights.

Contemporary intellectual property law permits only the patenting of an identified active principle from a plant, not the plant or folk information relating to medicinal properties of a plant. The most significant rights of indigenous peoples are those deriving from physical control of the plants and the knowledge pertaining to their use. This control can provide the basis for trade secret protection. Such agreements are enforceable in developed nations and should become so in developing nations. There have been recent efforts to strengthen indigenous peoples' rights over genetic resources and relevant folk knowledge but the most far-reaching of these are not yet a part of international law. Pharmaceutical patents combined with trade secrecy can allow firms to develop and market products and ensure that the nation and/or people from which the material or information was derived are properly rewarded. This does not provide protection from competition or with respect to derived knowledge nor does it act retrospectively. At present, rights under the United Nations Convention on Biodiversity are prospective only. These rights belong to the nation and there is little legal pressure for recompense to be shared with indigenous peoples. A uniform agreement that deals in a balanced way with the relative rights of indigenous peoples and of their governments should be developed by non-governmental organizations.

Drug Industry↗

Intellectual property and control.

The issue of intellectual property is viewed differently by different groups involved in biomedical research: researchers; academic institutions; corporate, government, and philanthropic sponsors; and society. The members of these groups do not always agree even among themselves; within government and academe, for instance, there are different and competing schools of thought. Many in academe believe that intellectual property rights are limited and that the openness and intellectual interdependence that marked and contributed to the rise of the research university are anathema to notions of intellectual ownership and control. In discussing this view, the author considers the issues of control that are implicit in concepts of ownership and property, concluding that any emphasis on profit and control constitutes a stance at variance with the outlook that has driven much of medicine's success throughout history. In supporting intellectual property claims, some suggest (often by implication) that medical advances would be less frequent or significant if exclusive control and access to profit were eliminated or reduced. The history of research, on the contrary, shows that university research for centuries yielded major results without the incentive of patents and still does. Another major concern is the open flow of information, which could be restricted by intellectual property controls. Sharing information is not merely a good deed, a commendable practice--such sharing tends to produce overwhelmingly good consequences for all those who share and for the society that is ultimately paying for the research enterprise.

Academic Medical Centers↗

Needed: a new system of intellectual property rights.

The world's current system of intellectual property rights has in recent years become unworkable and ineffective. Designed more than 100 years ago to meet the needs of an industrial era, it is inadequate to handle the ownership and distribution of intellectual property generated by the brainpower industries that have come to dominate the world's economy. The prevailing wisdom is that minor tweaking can remedy the problem. But MIT economist Lester Thurow challenges such thinking and calls instead for a new system--one redesigned from the ground up. In making his case for why the old system doesn't work anymore, Thurow lays out the challenges the new system must meet. It must offer incentives to inventors that are strong enough to offset the decline in publicly funded research. At the same time, it must protect the public interest by keeping some intellectual property--basic scientific knowledge, for example--in the public domain. The new system must be flexible enough to deal with the fact that new technologies have created new potential forms of intellectual property rights (Can pieces of a human being be patented?) and have made old rights unenforceable (When books can be downloaded from an electronic library, what does a copyright mean?). And in an increasingly global economy, a new system must meet the needs of both "catch-up" states and "keep-ahead" states. A system that ignores the lesson of history--that every country that has caught up has done so by copying--will be an unenforceable one.

Copyright↗

[Exclusivity of data in drug registration files and Israel's international status with regard to intellectual property rights protection].

Protecting intellectual property rights encourages creativity and innovation, which are key measures for research and development of new drugs and also promotes the introduction of drugs to new markets. Over the past years, many countries have enacted laws implementing the protection of data in drug registration files. Until recently, Israel has not provided any form of data protection. Current moves focus on new legislation granting exclusivity in the marketing of innovative drugs. Although controversial, this legislation aims to secure balance in Israel between the innovative pharmaceutical companies and the public's interest in competitive generic drugs.

Copyright↗

The position of intellectual property rights in drug discovery and development from natural products.

Some practical working definitions and perspectives are offered here as to "intellectual property' (IP) and "intellectual property rights' (IPR), particularly as they may pertain to the essential contributions of the parties to an international cooperation or collaboration in drug discovery and development from natural products. Existing and new intellectual properties are examined particularly in respect to feasible ways in which they may be appropriately recognized and protected. It is further illustrated how such suitable recognition and protection may provide the basis to insure fair and appropriate compensation for contributions of existing intellectual property essential for the creation of new intellectual property. The importance of an adequate mutual understanding, and shared realistic perspective, of the overall process and probability of outcome of any given drug discovery and development venture, is emphasized.

Conservation of Natural Resources↗

Benchmarking progress in tackling the challenges of intellectual property, and access to medicines in developing countries.

The impact of intellectual property protection in the pharmaceutical sector on developing countries has been a central issue in the fierce debate during the past 10 years in a number of international fora, particularly the World Trade Organization (WTO) and WHO. The debate centres on whether the intellectual property system is: (1) providing sufficient incentives for research and development into medicines for diseases that disproportionately affect developing countries; and (2) restricting access to existing medicines for these countries. The Doha Declaration was adopted at WTO in 2001 and the Commission on Intellectual Property, Innovation and Public Health was established at WHO in 2004, but their respective contributions to tackling intellectual property-related challenges are disputed. Objective parameters are needed to measure whether a particular series of actions, events, decisions or processes contribute to progress in this area. This article proposes six possible benchmarks for intellectual property-related challenges with regard to the development of medicines and ensuring access to medicines in developing countries.

Benchmarking↗

The chief nurse executive and intellectual property law. Selected concerns.

At first, consideration of intellectual property law may seem a remote concern. However, CNEs have developed and led the advent of innovative work redesigns, unique measurement instruments, patient care documentation tools, and other administrative research and teaching originations. Consider intellectual property ownership and the rights to use or reproduce that "property" as soon as possible to avoid misunderstandings and potential infringements.

Commerce↗

Intellectual property issues in genomics.

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

Biotechnology↗