The Anticommons at Twenty: Concerns for Research Continue

Science 361(6400): 335-337 (Jul. 27, 2018)

University of Utah College of Law Research Paper No. 303

3 Pages Posted: 14 Feb 2019 Last revised: 1 Apr 2019

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: July 27, 2018

Abstract

Twenty years after Heller and Eisenberg predicted the emergence of an anticommons in biomedical research, this article assesses the currency of the anticommons theory. While a patent-fueled research anticommons does not appear to have emerged in the ways that Heller and Eisenberg envisioned, there are new ways in which the fragmentation of rights -- whether through trade secrecy, narrow licensing or data propertization -- continues to threaten research and commercial development. The anticommons theory thus remains as relevant today as it was when it was first proposed.

Keywords: commons, anticommons, propertization, patent

Suggested Citation

Contreras, Jorge L., The Anticommons at Twenty: Concerns for Research Continue (July 27, 2018). Science 361(6400): 335-337 (Jul. 27, 2018); University of Utah College of Law Research Paper No. 303. Available at SSRN: https://ssrn.com/abstract=3328872

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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