Collaborative research and intellectual property rights

Scientists find themselves working more and more with indigenous, traditional and local communities in all aspects of their collections and investigations. Indigenous knowledge has become increasingly important in research while at the same time local communities have become increasingly politicized in the use, misappropriation, and commercialisation of their knowledge and biogenetic resources. It is becoming more and more difficult for even the most well-intentioned scientists to stride into indigenous areas and collect plants, animals, folk tales, and photos without having first to convince local leaders that the scholarly efforts will somehow benefit the communities — that the benefits of research results will directly and indirectly lead to strengthening the traditional society. In many parts of the world, indigenous peoples only allow Collaborative Research in which the scientific priorities and agendas are controlled by the communities, or Community Controlled Research in which the communities actually contract scientists to carry out the group's research plan. Control over data has become one of the key battle cries for the indigenous movement, that is now demanding Intellectual Property Rights over information obtained through research and just compensation for economic benefits that eventually may accrue. This paper deals with some of the ethical and practical issues that frame this rapidly evolving debate.     

Innovation and intellectual property rights in systems biology

A framework for characterizing systems-based knowledge is needed to understand the new complexities arising from the assignment of IP rights to biological information.     

Genes and patent policy: rethinking intellectual property rights

Concerns about human gene patents go beyond moral disquiet about creating a commodity from a part of the human body and also beyond legal questions about whether genes are unpatentable products of nature. New concerns are being raised about harm to public health and to research. In response to these concerns, various policy options, such as litigation, legislation, patent pools and compulsory licensing, are being explored to ensure that gene patents do not impede the practice of medicine and scientific progress.     

Managing genetic material to protect intellectual property rights

One of the most important policy instruments for the promotion of further biotechnology development is intellectual property right (IPR) protection. However, one cannot improve upon a biotechnological invention without physical access to the germplasm, making exchanges of genetic material necessary. A formal transfer agreement, which addresses the key issues of ownership, access, use, and equitable benefit-sharing, is a powerful legal instrument for intellectual property. Other restrictions are generally imposed as a result of national and international safety regulations. Forming strategic alliances, such as joint ventures, collaborative research agreements, joint research and development agreements, and manufacturing and distribution alliances to exploit the economic value of genetic material, provides scientists with the mechanisms they need to bring their research material and products to the marketplace. Received 06 November 1997/ Accepted in revised form 24 November 1997     

ECVAM's approach to intellectual property rights in the validation of alternative methods

In this article, we discuss how intellectual property rights affect the validation of alternative methods at ECVAM. We point out recent cases and summarise relevant EU and OECD documents. Finally, we discuss guidelines for dealing with intellectual property rights during the validation of alternative methods at ECVAM.     

遗传资源获取和利益分享与知识产权保护

随着人类对遗传资源开发利用程度的加剧、物种资源不断减少以及国际交流合作的日益频繁,遗传资源获取和利益分享中的知识产权问题日益受到国际社会的关注。为了保护和持续利用遗传资源,本文根据《生物多样性公约》第15条的规定,以及国际社会在遗传资源获取和利益分享方面的做法,分析了我国遗传资源保护和利用以及知识产权保护的现状,提出建立和完善保护遗传资源知识产权的专利制度,遗传资源的管理制度以及遗传资源保护和利用的市场化机制等管理措施,最后,对中国和阿根廷NIDERA公司在大豆遗传资源交换,合作研究和利益分享的案例进行了分析。     

The development of property rights in biotechnology

The translation of biological theory into engineering (biotechnology) has resulted in the development of novel products and processes. Some of these products are living organisms, usually containing unique genetic arrangements not found in nature. The extension of legal protection to products and processes was required in order for biotechnology to become an unexceptional way in which to do business. The American experience with biotechnology, repeated elsewhere, is demonstrated to have proceeded first through the negotiation of obstacles in administrative law and second through challenges to property law. This outcome for the regulatory management of biotechnology and the legal protection of its products may be interpreted as a function of a cultural bias for scientific authority and progress ideology.     

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.     

Native Language Teachers in a Struggle for Language and Cultural Survival

Language shift among New Mexico Pueblo Indians threatens the loss of their oral-based cultures. Language revival for many Pueblos has resulted in school programs in which students are easily accessible and teachers are accountable to tribes rather than the state. Finding "Pueblo space" for the Native language in school, where it was previously targeted for extinction, poses unique challenges. Personal histories and ethnographic interviews provide language teacher perspectives on teaching in four separate school programs.     

The common property resource problem and the creation of limited property rights

Fish resources are generally considered common property and open to any user. This, the assumption goes, makes them susceptible to the tragedy of the commons in which selfish users are both the villains and the victims. While it is true that wild fish populations cannot readily be privatized, it hardly follows that they are completely open-access. In addition to social controls found in many traditional fishing communities, amply documented by anthropologists, many administrative controls in contemporary fisheries management also create limited property rights over fishery resources. This study focuses on Great Lakes fisheries of Ontario in Lakes Erie and St. Clair, and the kinds and diversity of limited property rights instituted in these areas: the formal and informal allocation of fishing areas, and the allocation of quantitative fishing rights (quotas), all of which serve as mechanisms to solve the common property resource problem. The Great Lakes fisheries suggest certain generalizations about the management of common property resources. The paper offers a life-cycle model of living resources use.     

DNA labelling of varieties covered by patent protection: a new solution for managing intellectual property rights in the seed industry

Plant breeders’ rights are undergoing dramatic changes due to changes in patent rights in terms of plant variety rights protection. Although differences in the interpretation of »breeder’s exemption«, termed research exemption in the 1991 UPOV, did exist in the past in some countries, allowing breeders to use protected varieties as parents in the creation of new varieties of plants, current developments brought about by patenting conventionally bred varieties with the European Patent Office (such as EP2140023B1) have opened new challenges. Legal restrictions on germplasm availability are therefore imposed on breeders while, at the same time, no practical information on how to distinguish protected from non-protected varieties is given. We propose here a novel approach that would solve this problem by the insertion of short DNA stretches (labels) into protected plant varieties by genetic transformation. This information will then be available to breeders by a simple and standardized procedure. We propose that such a procedure should consist of using a pair of universal primers that will generate a sequence in a PCR reaction, which can be read and translated into ordinary text by a computer application. To demonstrate the feasibility of such approach, we conducted a case study. Using the Agrobacterium tumefaciens transformation protocol, we inserted a stretch of DNA code into Nicotiana benthamiana. We also developed an on-line application that enables coding of any text message into DNA nucleotide code and, on sequencing, decoding it back into text. In the presented case study, a short command line coding the phrase »Hello world« was transformed into a DNA sequence that was inserted in the plant genome. The encoded message was reconstructed from the resulting T1 seedlings with 100 % accuracy. The feasibility and possible other applications of this approach are discussed.     

The Languages of Native North America

The Languages of Native North America. Marianne Mithun. New York: Cambridge University Press, 1999.773 pp.