Catalogue


Gene patents and collaborative licensing models : patent pools, clearinghouses, open source models, and liability regimes /
edited by Geertrui Van Overwalle.
imprint
Cambridge, UK ; New York : Cambridge University Press, 2009.
description
xxxv, 477 p.
ISBN
9780521896733 (hardback : alk. paper)
format(s)
Book
Holdings
More Details
imprint
Cambridge, UK ; New York : Cambridge University Press, 2009.
isbn
9780521896733 (hardback : alk. paper)
contents note
Case 7. The collective management of copyright and neighbouring rights : an example of a royalty collection clearing house / Jan Corbet -- Comment on the conceptual framework for a clearinghouse mechanism / Michael Spence -- Open source genetics : a conceptual framework / Janet Hope -- Case 8. Cambia's Biological Open Source Initiative (BiOS) / Nele Berthels and Richard Jefferson -- Case 9. Diversity Arrays Technology Pty Ltd. applying the open source philosophy in agriculture / Andrzej Kilian -- Critical commentary on "open source" in the life sciences / Arti K. Rai -- Several kinds of "should" : the ethics of open source in life sciences innovation / Antony Taubman -- Pathways across the valley of death : novel intellectual property strategies for accelerated drug discovery / Arti K. Rai ... [et al.] -- Case 10. The International Treaty on Plant Genetic Resources for Food and Agriculture : the standard material transfer agreement as implementation of a limited compensatory liability regime / Victoria Henson-Apollonio.
Critical analysis of property rules, liability rules, and molecular futures : bargaining in the shadow of the cathedral / Dan L. Burk -- Gene patents : from discovery to invention, a geneticist's view / Gert Matthijs and Gert-Jan Van Ommen -- "Patent tsunami" in the field of genetic diagnostics : a patent practitioner's view / Jacques Warcoin -- Gene patents and clearing models : some comments from a competition law perspective / Hanns Ullrich -- Access to genetic patents and clearinghouse model : an economic perspective / Reiko Aoki -- The role of law, institutions, and governance in facilitating access to the scientific research commons : a philosopher's perspective / Tom Dedeurwaerdere -- Of thickets, blocks, and gaps : designing tools to resolve obstacles in the gene patents landscape / Geertrui Van Overwalle.
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 M -- 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 : 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 : 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.
catalogue key
6916446
 
Includes bibliographical references and index.
A Look Inside
About the Author
Author Affiliation
Geertrui Van Overwalle is head of the Research Group 'Gene Patents and Public Health' at the Centre for Intellectual Property Rights of the Faculty of Law at the University of Leuven, Belgium. She has recently also been appointed Professor of Patent Law and New Technologies at the Tilburg Institute for Law, Technology and Society at the University of Tilburg, the Netherlands.
Reviews
Review Quotes
"Van Overwalle has done an excellent job in creating a compilation that offers diverse perspectives on the feasibility and desirability of translating successful licensing schemes from other industries (electronics, software, entertainment) to biotechnology." -J. Jonas Anderson,The IP Law Book Review
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Main Description
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 2009 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.
Main Description
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.
Description for Bookstore
The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This 2009 book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
Description for Bookstore
The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
Bowker Data Service Summary
The essays in this book explore models designed to render patented genetic inventions accessible for further use in research, diagnosis or treatment. There is an examination of legal measures which might be used to solve the problem of fragmentation of patents in genetics.
Table of Contents
List of contributorsp. viii
Prefacep. xxiii
Foreword: Jean-Facques Cassimanp. xxv
List of abbreviationsp. xxix
Patent poolsp. 1
Patent pooling for gene-based diagnostic testing. Conceptual frameworkp. 3
Case 1. The MPEG LA (R) Licensing Model. What problem does it solve in biopharma and genetics?p. 33
Case 2. The SARS case. IP fragmentation and patent poolsp. 42
Critical analysis of patent poolsp. 50
Clearinghousesp. 61
Clearinghouse mechanisms in genetic diagnostics. Conceptual frameworkp. 63
Case 3. The Global Biodiversity Information Facility (GBIF). An example of an information clearinghousep. 120
Case 4. BirchBob. An example of a technology exchange clearing housep. 125
Case 5. The Public Intellectual Property Resource for Agriculture (PIPRA). A standard license public sector clearinghouse for agricultural IPp. 135
Case 6. The Science Commons Material Transfer Agreement Project. A standard licence clearinghouse?p. 143
Case 7. The collective management of copyright and neighbouring rights. An example of a royalty collection clearinghousep. 151
Comment on the conceptual framework for a clearinghouse mechanismp. 161
Open source modelsp. 169
Open source genetics. Conceptual frameworkp. 171
Case 8. CAMBIA's Biological Open Source Initiative (BiOS)p. 194
Case 9. Diversity Arrays Technology Pty Ltd. (DArT) Applying the open source philosophy in agriculturep. 204
Critical commentary on 'open source' in the life sciencesp. 213
Several kinds of 'should'. The ethics of open source in life sciences innovationp. 219
Liability regimesp. 245
Pathways across the valley of death. Novel intellectual property strategies for accelerated drug discoveryp. 247
Case 10. The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). The Standard Material Transfer Agreement as implementation of a limited compensatory liability regimep. 289
Critical analysis: property rules, liability rules and molecular futures. Bargaining in the shadow of the cathedralp. 294
Different perspectivesp. 309
Gene patents: from discovery to invention. A geneticist's viewp. 311
'Patent tsunami' in the field of genetic diagnostics. A patent practitioner's viewp. 331
Gene patents and clearing models. Some comments from a competition law perspectivep. 339
Access to genetic patents and clearing models. An economic perspectivep. 350
The role of law, institutions and governance in facilitating access to the scientific research commons. A philosopher's perspectivep. 365
Summary and concluding analysisp. 381
Of thickets, blocks and gaps. Designing tools to resolve obstacles in the gene patents landscapep. 383
Indexp. 465
Table of Contents provided by Ingram. All Rights Reserved.

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