Models for facilitating access to patents on genetic inventions
- 29 December 2005
- journal article
- Published by Springer Nature in Nature Reviews Genetics
- Vol. 7 (2) , 143-148
- https://doi.org/10.1038/nrg1765
Abstract
Patents for genetic inventions have increased in recent years, raising fears that this practice will restrict access to research and health care. Models for facilitating access to patented genetic inventions already exist, whereas others can be developed for use in genetics. The genetics community is increasingly concerned that patents might lead to restricted access to research and health care. We explore various measures that are designed to render patented genetic inventions accessible to further use in research, and to diagnosis and/or treatment. They include the often-recited research or experimental-use exemption, conventional one-to-one licensing and compulsory licensing, as well as patent pools and clearing-house mechanisms. The last two alternatives deserve special attention in the area of human genetics.Keywords
This publication has 15 references indexed in Scilit:
- Médicaments sans Frontières?The Journal of World Intellectual Property, 2005
- Patent pools and standard setting in diagnostic geneticsNature Biotechnology, 2005
- Statement on the scope of gene patents, research exemption, and licensing of patented gene sequences for diagnostics.2004
- Renting Space on the Shoulders of Giants: Madey and the Future of the Experimental Use DoctrineThe Yale Law Journal, 2003
- The public–private structure of intellectual property ownership in agricultural biotechnologyNature Biotechnology, 2003
- European-wide opposition against the breast cancer gene patentsEuropean Journal of Human Genetics, 2002
- Biotechnology patents: strategies for meeting economic and ethical concernsNature Genetics, 2002
- Diagnostic testing fails the testNature, 2002
- The Trips Agreement, Access to Medicines, and the Wto Doha Ministerial ConferenceThe Journal of World Intellectual Property, 2002
- Contracting into Liability Rules: Intellectual Property Rights and Collective Rights OrganizationsCalifornia Law Review, 1996