Intellectual Property Emily Marden JD MPhil AM April 28 2011 Intellectual Property amp Policy Research Group ipprgwordpresscom University of British Columbia Faculty of Law ID: 591950
Download Presentation The PPT/PDF document "Genomics Research and" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Genomics Research and Intellectual Property
Emily Marden, J.D.,
M.Phil
., A.M.
April 28, 2011
Intellectual
Property &
Policy
Research
Group
ipprg.wordpress.com
University of British Columbia Faculty of LawSlide2
My PerspectiveTrained in Molecular
Biology,
History & Sociology of
Science, IP and Regulatory Law Currently lead the Intellectual Property & Policy Research Group, UBC Faculty of LawFormed with Ed Levy, Ph.D.Genome Canada funded GE3LS researchFocus on IP and regulation as tools to modulate genomics research and development
2Slide3
Intellectual Property & Policy Research Group (IPPRG) PlatformIPPRG is a platform research group
Law, genetics, philosophy, sociology
Rigorously examines alternative approaches to IP and regulation to address issues along the genomics research, innovation and development continuum
When, where and how do different approaches work?3Slide4
IPPRG Scope
Public Domain:
C.
Elegans Research CommunityPatent Pools: SARS Case StudyOpen Source: Is Drug Development Possible?Role of TTO in use of alternativesResearch Exemption – A broader scope for research tools in Canada
4Slide5
Policy BriefAgree that knowledge management, rather than legislative changes to IP statutes, key to fostering the possibility of innovationExisting IP framework enables a range of tools that can facilitate knowledge sharingSlide6
Policy BriefUse of IP tool depends on location in continuum and appropriate balance of sharing and protection that allows for innovation
Public domain
Patent pools
Open source May be additional tools to consider to facilitate sharing toward innovationSlide7
Public DomainUpstream C. Elegans
community –share data, resources, research tools and results without IP barriers
Research Findings: approach is widely accepted throughout community, as reflected in citations, attributions, contribution to communal resources
Results provide basic insights, useful downstreamIn upstream contexts, public domain may facilitate research necessary for innovationSlide8
Patent PoolsBCCA (& others) form PP to ensure access to tools for SARS vaccine development. Patenting as a proactive toolResearch findings: patent pool expands zone of open science around fundamental discoveries, delays exclusionary rights
vs. GlaxoSmithKline and UNITAID “ponds”
May be effective tool to keep valued research findings widely availableSlide9
Open SourceOpen source licensing, modeled on IT, widely claimed as route to less costly, more accessible drugsPatent, license with viral hookResearch Findings: regulatory requirements, complex IP inputs, costliness make this an inefficient and potentially burdensome route to innovation
“Acquisition” model may better facilitateSlide10
Open SourceUpstream clearinghouse, no hook (e.g. Biobricks)Could still be issues when transition downstream
Open source may be more applicable for aspects of basic research, but more work to be doneSlide11
Routes to Facilitate InnovationFurther analysis of IP tools at different points along R&D continuumFunding models that tie metrics of success to knowledge transferExpansion of research exemption for research
with
patented inventions
Potential regulatory exclusivities as incentivesSlide12
IPPRG Members (2006-present)Emily
Marden, J.D
.
Ed Levy, Ph.D.Rebecca Goulding, Ph.D. (genetics)Matthew Voell, J.D
.
Nelson
Godfrey
, J.D.
Ben Warren, J.D
.
Lily Farris, M.A.
Rachael
Manion
, J.D
.
(Health Canada)
Isaac
Filate
,
L.L.B.
David
Hartell
M.A. (CIHR)Cheryl Powers, J.D., L.L.M. (Industry Canada)
12Slide13
13Recent Publications
Goulding
R,
Voell M, Marden E & Levy E, (2011) Expansion of the Canadian Research Exemption for Biotechnology Research Tools. Biotechnology Law ReportVoell MR., Farris, L., Levy E. & Marden E. (2010)
A Response to Rome: Pre- and Post-Publication Sharing in the
C. elegans
Research
Community
.
BMC Genomics, 11:708.
Goulding
R., Marden, E.,
Manion
R. & Levy, E. (2010)
Alternative Intellectual Property for Genomics and the Activity of Technology Transfer Offices: Emerging Directions in
Research
.
Boston University Journal of Science and Technology Law 16(2):194-230.
Marden E. (
2010)
Open
Source Drug Development: A Path to More Accessible Drugs and Diagnostics
?
Minnesota Journal of Law, Science and Technology 11(1):217-266
.Levy, E., Marden, E., Warren, B., Hartell, D. and Filaté I. (2010) Patent Pools and Genomics: Navigating a Course to Open Science? Boston University Journal of Science and Technology Law 16(1):75-101.