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PubMed2001

Intellectual property. Europe's database experiment.

Database protection laws in Europe may have produced a modest, one-time growth spurt for commercial providers. Unfortunately, Europe's new database laws have also produced significant problems including overprotection of low-value data (e.g., telephone books), new barriers to database integration, and further erosion of the public domain. The authors of this Policy Forum caution that these problems could cripple commercial and academic science.

Databases, Factual↗
PubMed2002

Genes and patent policy: rethinking intellectual property rights.

Concerns about human gene patents go beyond moral disquiet about creating a commodity from a part of the human body and also beyond legal questions about whether genes are unpatentable products of nature. New concerns are being raised about harm to public health and to research. In response to these concerns, various policy options, such as litigation, legislation, patent pools and compulsory licensing, are being explored to ensure that gene patents do not impede the practice of medicine and scientific progress.

Biotechnology↗
PubMed1997

Ethical and intellectual property in the biological sciences.

Ethical concerns on patents in the biological sciences are increased by the prospect of patents for higher life forms. A Canadian patent grants the owner the right to exclude others in Canada from making, using, or selling or offering for sale his or her invention for the term of the patent; however, it does not give the patent owner any positive rights to do likewise. As with other forms of property, the right to make, use, or sell a patented invention may be regulated by other laws or guidelines. In Canada, higher life forms, medical and surgical methods are not patentable subject matter. Unicellular life forms and subcellular material are considered patentable. Decisions on ethical issues are not considered by patent officers. The Patent Office is guided only by legislation. Other regulations by the legislatures can direct public policy and minimize risks.

Animals↗
PubMed2000

Coping with change: intellectual property rights, new legislation, and the human mutation database initiative.

In 1996, the European Union issued a directive requiring member states to protect databases against unauthorized copying. Similar legislation is currently being considered and will probably be enacted in the US. Such database legislation 1) will almost certainly increase existing pressures on human mutation databases to commercialize, and 2) could inadvertently make human mutation data harder to acquire and use. Strategies for minimizing these difficulties are discussed. Alternatively, a nonprofit, community-wide "depository" could probably support itself by selling sophisticated bioinformatic products to the private sector. The proposed depository would offer substantially similar databases to academic and government users at little or no cost.

Databases, Factual↗
PubMed2000

Intellectual property. Publication rights in the era of open data release policies.

The open data release policy adopted by the large-scale DNA sequencing centers has made accessible valuable information that facilitates research. Herein, we argue that the data producers' rights to receive credit for at least some portion of the analyses of the data must be protected. We suggest that this protection take the form of a specification of the probable content of the primary paper the data producers intend to publish when the data gathering is complete. Rights to publish that paper ought then be restricted to the producers unless they give permission otherwise.

Animals↗
PubMed2002

Commodification of the sacred through intellectual property rights.

Indigenous and traditional peoples have made major contributions to the enhancement and conservation of the world's biodiversity. Although this is increasingly recognized in international discourse, rights of these peoples to continue their traditional practices are threatened by the globalized economy. Science implicitly denies their contribution to biodiversity conservation and enhancement by referring to their lands as 'wild' or 'wilderness'. It also effectively undermines their rights by claiming that the biodiversity fostered by their traditional practices is a global resource. In order to counter these threats, we need not only to strengthen the rights of indigenous and traditional peoples, but also to reverse global trends that substitute economic and utilitarian models for the holistic concept of the 'sacred balance'.

Conservation of Natural Resources↗
PubMed1996

Interests and policies of the state of Sarawak, Malaysia regarding intellectual property rights for plant derived drugs.

Sarawak, on the island of Borneo, is known internationally for its rich rain forests, flora and fauna. Its rain forests, occupying two-thirds of its geographical area shelters 2500 tree species, 5500 flowering plants and over 20 000 different kinds of animals and insects. Such abundance of plants, and in particular, in the variety thereof, have attracted the attention of scientists involved in the field of research into their potential medicinal value. Recent discovery that two species of Calophyllum tree in the rain forests of Sarawak produce active anti-HIV agents, has, no doubt, intensified interest in the State's plant resources for scientific research.

Antiviral Agents↗
PubMed1996

Biodiversity prospecting in Nigeria: seeking equity and reciprocity in intellectual property rights through partnership arrangements and capacity building.

The regulation of genetic materials in Nigeria for the isolation of biologically active compounds and/or their exportation from the country fall under the purview of several government departments and parastatals. In principle, biological resources are considered similar to any other natural resource with different levels of stake holders. Specific restrictions, however, apply to the export of food crops. Nigeria is a traditional society where most of biodiversity belongs to what could be appropriately classified as public domain. It has therefore not been easy to carve out property rights from what is generally regarded as communal resources. Private access and occupancy of land and tenure are derived mainly from rights of membership of kindred groups or as custodian of "family' inheritance. The multi-state federal structure allows for negotiations to be conducted mainly at the level of the various State Government Departments responsible for forest resources, and the Federal Government providing the necessary policy guidelines and regulations. The Bioresources Development and Conservation Programme (BDCP), an international NGO based in Nigeria, has adopted an innovative model for biological prospecting based on establishing strategic partnerships and capacity building.

Conservation of Natural Resources↗
PubMed2005

Nature's medicines: traditional knowledge and intellectual property management. Case studies from the National Institutes of Health (NIH), USA.

With the emergence and re-emergence of infectious diseases and development of multi-drug resistance, there is a dire need to find newer cures and to produce more drugs and vaccines in the pipeline. To meet these increasing demands biomedical researchers and pharmaceutical companies are combining advanced methods of drug discovery, such as combinatorial chemistry, high-throughput screening and genomics, with conventional approaches using natural products and traditional knowledge. However, such approaches require much international cooperation and understanding of international laws and conventions as well as local customs and traditions. This article reviews the forty years of cumulative experience at the National Institutes of Health (initiated by the National Cancer Institute) in natural products drug discovery. It presents (1) three major cooperative programs (2) the legal mechanisms for cooperation and (3) illustrative case studies from these programs. We hope that these discussions and our lessons learned would be helpful to others seeking to develop their own models of cooperation for the benefit of global health.

Anti-HIV Agents↗