Non-Fungible Tokens as a Framework for Sustainable Innovation in Pharmaceutical R&D: A Smart Contract-Based Platform for Data Sharing and Rightsholder Protection

27 Pages Posted: 16 Dec 2022

See all articles by Marcelo Corrales Compagnucci

Marcelo Corrales Compagnucci

Centre for Advanced Studies in Biomedical Innovation Law (CeBIL), Faculty of Law, University of Copenhagen

Niclas Nilsson

Lund University

Paul Stankovski Wagner

Lund University

Christoffer Olsson

Xenit AB

Mark Fenwick

Kyushu University - Graduate School of Law

Timo Minssen

University of Copenhagen - Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) - Faculty of Law

Kacper Szkalej

Stockholm University - Faculty of Law

Date Written: December 9, 2022

Abstract

Research and Development (R&D) in the pharmaceutical sector traditionally occurred in closed, siloed institutional settings. This approach was a function of a rights-oriented intellectual property model which framed access and reuse of data (data sharing) as a threat to rightsholders. However, a closed model of explorative collaboration is less suited to today’s more complex scientific ecosystem, where external engagement and dynamic partnering with multiple actors and diverse information sources has become essential. As such, devising alternative approaches is vital in ensuring that opportunities for scientific advances are not lost or innovation stifled.

This article introduces a hybrid contractual framework that combines the benefits of the automated functionality of smart contracts and non-fungible tokens (NFTs) embedded in a blockchain with more traditional rights-based licensing schemes. The presented framework is based on the outcome of an experimental pilot platform that enabled participants to store, find and reuse data following FAIR data principles. The platform documents real-world physical assets in the drug discovery of chemical molecules in an immutable digital ledger.

More generally, smart contracts and NFTs point us towards an open and global collaborative platform for exploiting and advancing drug research assets. The resulting platform creates mechanisms for resolving issues regarding standardization, interoperability, and disclosure. As such, it overcomes many of the practical hurdles currently obstructing collaboration in pharmaceutical R&D, as well as providing a framework to address the central conflict in drug discovery, namely the demand for greater data sharing and the protection of rightsholder interests.

Note:
Funding Declaration: This work was partially supported by the Novo Nordisk Foundation under Grant NNF17SA0027784 for a scientifically independent Collaborative Research Program in Biomedical Innovation Law, and by the VINNOVA project, ‘Blockchain-powered open sharing platform for collaborative drug discovery’, reference number 2019-02815.

Conflict of Interests: The opinions expressed are the authors’ own and not of their respective affiliations. The authors declare no conflicts of interests.

Keywords: Blockchain, Intellectual Property Right (IPR), Licenses, Non-Fungible Token (NFT), Molecule, Smart Contract

Suggested Citation

Corrales Compagnucci, Marcelo and Nilsson, Niclas and Stankovski Wagner, Paul and Olsson, Christoffer and Fenwick, Mark and Minssen, Timo and Szkalej, Kacper, Non-Fungible Tokens as a Framework for Sustainable Innovation in Pharmaceutical R&D: A Smart Contract-Based Platform for Data Sharing and Rightsholder Protection (December 9, 2022). Available at SSRN: https://ssrn.com/abstract=4298070 or http://dx.doi.org/10.2139/ssrn.4298070

Marcelo Corrales Compagnucci (Contact Author)

Centre for Advanced Studies in Biomedical Innovation Law (CeBIL), Faculty of Law, University of Copenhagen ( email )

HOME PAGE: http://https://research.ku.dk/search/?pure=en%2Fpersons%2F662698

Niclas Nilsson

Lund University ( email )

Paul Stankovski Wagner

Lund University ( email )

Christoffer Olsson

Xenit AB ( email )

Mark Fenwick

Kyushu University - Graduate School of Law ( email )

744 Motooka, Nishi-ku,
Fukuoka, Fukuoka 819-0395
Japan

Timo Minssen

University of Copenhagen - Centre for Advanced Studies in Biomedical Innovation Law (CeBIL) - Faculty of Law ( email )

Karen Blixens Plads 16
Copenhagen, 2300
Denmark
+46 708 607517 (Phone)

HOME PAGE: http://jura.ku.dk/cebil/staff/profile/?pure=en/persons/381631

Kacper Szkalej

Stockholm University - Faculty of Law ( email )

Stockholm, S-106 91
Sweden

HOME PAGE: http://https://www.su.se/department-of-law/

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