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PubMed1993

The concept of intellectual property and its implication for oncology.

Oncologists and scientists in oncology centres work in an environment that seeks and promotes innovation and are under an ethical obligation to disseminate new knowledge for the benefit of society. That knowledge (which may give rise to intellectual property rights) may have substantial commercial value, and with it comes the need to protect employers' and employees' legitimate interests through patents and copyright. Employers and employees may not fully appreciate the legal and ethical obligations surrounding ownership of such knowledge, so both should co-operate in formulating policies which balance the need for disseminating new knowledge and the need to protect institutional interests. This is particularly appropriate for the new NHS trusts which may undertake research jointly with commercial organizations. This article outlines the important issues for consideration.

Copyright↗
PubMed1997

Intellectual property issues in the digital health care world.

The digitization of health care information presents a troublesome challenge to the two core principles of copyright: the expression of an idea should be rewarded and protected for a certain period and the user should be allowed the right to fair quotation during that period. The debate about intellectual property in a digital world will be a major focus over the next few years. Nursing administrators need to become copyright savvy to voice their concerns, protect nursing's works, and ensure that health care information is accessible for the public.

Copyright↗
PubMed1994

University discoveries and intellectual property rights: from Bothrops jararaca bradykinin potentiating peptides to angiotensin converting enzyme inhibitors.

The academic basic research which led to the discovery of bradykinin potentiating peptides, the drug prototype for the new class of angiotensin converting enzyme inhibitors for the treatment of hypertension, is described. This case study is used to illustrate the situation of the academic scientist and his intellectual property rights for discoveries made at the University.

Angiotensin-Converting Enzyme Inhibitors↗
PubMed1999

Intellectual property and chirality of drugs.

Chirality has emerged as a key issue in drug design, discovery and development. Chiral switches are drugs that are already approved and claimed as racemates but that have been redeveloped as single enantiomers. The legal state of the art of patentability of chiral switches, as derived from US and European precedents, is reviewed. The issues of intellectual property in the pending chiral switches of the blockbuster drugs ibuprofen, fluoxetine and omeprazole are analysed.

Journal Article↗
PubMed2005

Intellectual property rights and the Canadian pharmaceutical marketplace: where do we go from here?

Patent protection for prescription drugs has a long and contentious history in Canada. Bills C-22 and C-91, passed as part of Canada's commitment to various trade deals, first weakened and then abolished compulsory licensing. In order to decide on a future course of action that Canada should take on intellectual property rights (IPRs), it is useful to review downstream effects that resulted from C-22 and C-91. This article examines changes to employment, Canada's balance of trade in pharmaceuticals, investment in research and development, and drug expenditures. The author then reviews the arguments advanced by the pharmaceutical industry in favor of stronger protection for IPRs, the recent complaints made against Canada at the World Trade Organization regarding pharmaceutical IPRs, and the continuing argument about the "evergreening" of patents. Also discussed are the second-draft text agreement of the Free Trade Area of the Americas, which will, if implemented, have significant repercussions for pharmaceutical IPRs in Canada, and some ways in which patents distort the marketplace for drugs. The article concludes with some alternative recommendations on the future of IPRs.

Biomedical Research↗
PubMed2006

A macro-economic framework for evaluation of cyber security risks related to protection of intellectual property.

The article is based on the premise that, from a macro-economic viewpoint, cyber attacks with long-lasting effects are the most economically significant, and as a result require more attention than attacks with short-lasting effects that have historically been more represented in literature. In particular, the article deals with evaluation of cyber security risks related to one type of attack with long-lasting effects, namely, theft of intellectual property (IP) by foreign perpetrators. An International Consequence Analysis Framework is presented to determine (1) the potential macro-economic consequences of cyber attacks that result in stolen IP from companies in the United States, and (2) the likely sources of such attacks. The framework presented focuses on IP theft that enables foreign companies to make economic gains that would have otherwise benefited the U.S. economy. Initial results are presented.

Journal Article↗
PubMed1996

Intellectual property and networked health information: issues and principles.

Information networks offer enormous potential for improving the delivery of health care services, facilitating health-related decision-making, and contributing to better health. In addition, advanced information technologies offer important opportunities for new markets, targeted information products and services, greater accessibility, lower costs and prices, and more rapid and efficient distribution. Realizing the full potential of those information resources requires the resolution of significant intellectual property issues, some of which may be affected by special features of health information. For example, the government is a significant funder and originator of health-related information. In addition, much of that information is of great importance to the population and benefits not only individual users, but also employers, insurance companies, the government, and society as a whole. The government must therefore continue to provide particularly important health information to the public, and facilitate that information's accessibility and reliability, while avoiding unnecessary competition with private information providers. Congress and courts must modify or interpret current copyright law as necessary to guarantee that it does not interfere with innovation in tailored health information or exceed its constitutional boundaries and restrict access to information, as opposed to expression. Both producers and users of information must work with the government to educate the public about the availability of health information and the rights of and limitations upon users under copyright law.

Authorship↗
PubMed2007

Intellectual property protection in the natural product drug discovery, traditional herbal medicine and herbal medicinal products.

Traditional medicine is an important part of human health care in many developing countries and also in developed countries, increasing their commercial value. Although the use of medicinal plants in therapy has been known for centuries in all parts of the world, the demand for herbal medicines has grown dramatically in recent years. The world market for such medicines has reached US $ 60 billion, with annual growth rates of between 5% and 15%. Researchers or companies may also claim intellectual property rights over biological resources and/or traditional knowledge, after slightly modifying them. The fast growth of patent applications related to herbal medicine shows this trend clearly. This review presents the patent applications in the field of natural products, traditional herbal medicine and herbal medicinal products. Medicinal plants and related plant products are important targets of patent claims since they have become of great interest to the international drug and cosmetic industry.

Herbal Medicine↗
PubMed1982

Intellectual property: the control of scientific information.

Control of scientific information is increasingly at the center of legal and administrative disputes, raising questions of sovereignty and secrecy, of proprietary rights over research. Disputes originate from efforts to extend the right of access to data at an early stage of research, from demands for information that threaten confidentiality, from proprietary interests in competitive areas of research, and from government restrictions on the free exchange of scientific ideas. They reflect policy changes with respect to information disclosure, university-industry collaboration, patent rights, and national security. A review of diverse situations that have led to disputes and of efforts to negotiate principles for controlling intellectual property suggests the problems of establishing such principles in the context of the changing role of science.

Confidentiality↗
PubMed2003

Microarray technology--an intellectual property retrospective.

The recent sequencing of the human genome is a critical milestone that has provided a framework for the identification of thousands of novel potential drug targets and the common genetic factors that affect drug metabolism and toxicity. Microarrays represent a novel genetic platform which is being widely exploited to bridge the gap between gene sequence and function. Microarray technology has found broad use in the areas of disease diagnosis, pharmacogenomics and toxicogenomics, and many opportunities continue to be created in the marketplace. As the field matures and enters the clinical arena, we will witness further innovation in both the public and private sectors, which ultimately will improve the technology. However, the exercise of intellectual property rights in this area has shadowed the evolution of this technology. This report provides a retrospective review of microarrays, highlighting the key patents and litigation that have shaped the industry.

Gene Expression↗