Exclusive Property versus Open Commons. The Case of Gene Patents
The WIPO Journal: Analysis and Debate of Intellectual Property Issues, 4, 2013, 139-158
25 Pages Posted: 26 Dec 2015
Date Written: March 1, 2013
The disputed issues in the Myriad case point to the uneasy relationship between human genomic science and patent law. The present paper is an attempt to analyse the current problems in gene patenting through the lens of individual, multiple and collaborative ownership. The objective of the present paper is to systematize the relation between modes of ownership, modes of licensing and their effect on access. The paper takes the view that the exclusionary effect of individual and multiple ownership may be attenuated by the creative design of (new) individual, collaborative and collective (voluntary and compulsory) licensing models, leading to semi-open or totally open commons infrastructures.
Keywords: Innovation, Human genes, Patents, Anti-commons, Patent thicket, Collective ownership, Open access, Commons
JEL Classification: D23, D45, H 41, H51, I18, K11, L14, L4, L 65, O13, O31, O32, O34
Suggested Citation: Suggested Citation