The Anticommons at Twenty: Concerns for Research Continue
Science 361(6400): 335-337 (Jul. 27, 2018)
3 Pages Posted: 14 Feb 2019 Last revised: 1 Apr 2019
Date Written: July 27, 2018
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
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