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Pathways Across the Valley of Death: Novel Intellectual Property Strategies for Accelerated Drug Discovery

Arti K. Rai
Duke University School of Law

Jerome H. Reichman
Duke University - School of Law

Paul F. Uhlir
The National Academies - National Academy of Sciences (NAS)

Colin R. Crossman
Duke University - School of Law



Yale Journal of Health Policy, Law, and Ethics, Vol. 8, No. 1, 2008

Abstract:     
Drug discovery is stagnating. Government agencies, industry analysts, and industry scientists have all noted that, despite significant increases in pharmaceutical R&D funding, the production of fundamentally new drugs - particularly drugs that work on new biological pathways and proteins - remains disappointingly low. To some extent, pharmaceutical firms are already embracing the prescription of new, more collaborative R&D organizational models suggested by industry analysts. In this Article, we build on collaborative strategies that firms are already employing by proposing a novel public-private collaboration that would help move upstream academic research across the valley of death that separates upstream research from downstream drug candidates. By exchanging trade secrecy for contract-based collaboration, our proposal would both protect intellectual property rights and enable many more researchers to search for potential drug candidates.

JEL Classifications: K10, K12

Accepted Paper Series

Date posted: January 17, 2008 ; Last revised: February 03, 2008

Suggested Citation

Rai, Arti K., Reichman, Jerome H., Uhlir, Paul F. and Crossman, Colin R., Pathways Across the Valley of Death: Novel Intellectual Property Strategies for Accelerated Drug Discovery. Yale Journal of Health Policy, Law, and Ethics, Vol. 8, No. 1, 2008. Available at SSRN: http://ssrn.com/abstract=1085027


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Contact Information

Arti Kaur Rai (Contact Author)
Duke University School of Law ( email )
Box 90360
Durham, NC 27708
United States
Colin R. Crossman
Duke University - School of Law ( email )
Box 90360
Durham, NC 27708
United States
Jerome H. Reichman
Duke University - School of Law ( email )
Box 90360
Durham, NC 27708
United States
Paul F. Uhlir
The National Academies - National Academy of Sciences (NAS) ( email )
500 Fifth Street, NW
Washington, DC 20001
United States
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