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Gag rules and trade secrets in managed care contracts. Ethical and legal concerns.

Gag rules-clauses in managed care contracts that prevent physicians from disclosing information that the plan may find disparaging, but that could relate directly to the patient's health-have recently been the subject of ethical condemnation and legislative prohibition. Another serious problem in managed care contracts, trade secrets, or guidelines and quality assurance mechanisms that are imposed on physicians while their origins are shrouded in proprietary secrecy, have by contrast received little attention. Responses to these ethical challenges to the physician's integrity must involve individual physicians, managed care organizations, professional organizations, and public policymakers.

American Medical Association↗

Trade secrets and other R&D capital preservation techniques.

In today's age of ballooning R&D expenses, it is critical to preserve and make the most cost-effective use of discoveries and expertise. Business and marketing plans make positive use of such discoveries and expertise through creating and selling products based upon this intellectual property. Legal protections preserve the discoveries and expertise, by preventing competitors from profiting from the efforts of innovative companies.

Journal Article↗

Thought police. Healthcare executives must carefully guard intellectual property developed in their facilities.

Healthcare executives should have a working knowledge of intellectual property law--the legal principle that, for a limited period, treats intangible ideas and concepts as if they were products or property. Not only should administrators be aware of how to protect their facilities' patents, trademarks, copyrights, and trade secrets, but they must also be sure that employees in their own facilities do not infringe on the intellectual property of others. A patent is granted when an inventor proposes a useful new process, machine, "article of manufacture," or composition of matter, including any new and useful improvement on existing items in these same categories. A trademark is a name, symbol, device, or combination thereof adopted and used by an institution to identify its goods or services and to distinguish them from its competitors' goods or services. Expressions of ideas and thoughts set forth in words, sentences, paragraphs, sketches, pictures, graphs, or any other means of conveying ideas or concepts commonly understood to be works of authorship--both published and unpublished--may be protected by a copyright. Trade secret law applies to those who might misappropriate information that has been given to them because of their special relationship with the holder of the trade secret (i.e., through employment, contract, or other fiduciary or trust relationship).

Confidentiality↗

Intellectual property law: a primer for scientists.

Intellectual property (IP) is a generic legal term for patents, copyrights, and trademarks, which provide legal rights to protect ideas, the expression of ideas, and the inventors and creators of such ideas. A patent provides legal protection for a new invention, an application of a new idea, discovery, or concept that is useful. Copyright provides legal protection from copying for any creative work, as well as business and scientific publications, computer software, and compilations of information. A trademark provides rights to use symbols, particular words, logos, or other markings that indicate the source of a product or service. A further method of benefiting from an invention is simply to keep it secret, rather than to disclose it a trade secret. IP impinges on almost everything scientists do. As scientists are paid to come up with ideas and aspire to patent and/or publish their work, the protection of ideas and of written works especially should be of interest and concern to all.

Biochemistry↗

University-industry research relationships in biotechnology: implications for the university.

The growth of university-industry research relationships in biotechnology has raised questions concerning their effects, both positive and negative, on universities. A survey of over 1200 faculty members at 40 major universities in the United States reveals that biotechnology researchers with industrial support publish at higher rates, patent more frequently, participate in more administrative and professional activities and earn more than colleagues without such support. At the same time, faculty with industry funds are much more likely than other biotechnology faculty to report that their research has resulted in trade secrets and that commercial considerations have influenced their choice of research projects. Although the data do not establish a causal connection between industrial support and these faculty behaviors, our findings strongly suggest that university-industry research relationships have both benefits and risks for academic institutions. The challenge for universities is to find ways to manage these relationships that will preserve the benefits while minimizing the risks.

Antibodies, Monoclonal↗

[Secret remedies in France until abolition in 1926].

Secret remedies are preparations or medicines whose composition is not disclosed by the inventor in order to protect his invention or to deceive the public. Secret remedies have always existed. From time immemorial the communities of apothecaries in Paris or in the provinces were opposed to quack doctors or healers who sold inactive mixtures. The 1352 Royal Edict forbade preparations of secret remedies. However, in the 17th century secret remedies were authorized through commission letters or warrants. In the 18th century regulations were implemented to control secret trade. The famous 11 April 1803 Law called the Germinal Law banned the sale of secret remedies but its severity was softened through successive decrees based on divergent interpretations of the regulations. The final banning of secret remedies was pronounced by a decree on 13 July 1926.

France↗