Show Less

The Role of Intellectual Property Rights in Biotechnology Innovation

Edited by David Castle

Intellectual property rights (IPRs), particularly patents, occupy a prominent position in innovation systems, but to what extent they support or hinder innovation is widely disputed. Through the lens of biotechnology, this book delves deeply into the main issues at the crossroads of innovation and IPRs to evaluate claims of the positive and negative impacts of IPRs on innovation.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 13: Accessibility of Biological Data: A Role for the European Database Right?

Jasper A. Bovenberg


Jasper A. Bovenberg INTRODUCTION One of the challenges in the post-genomics era is the study of common complex disorders (Collins, Green, Gutmacher and Guyer, 2003, 840). This type of research involves the study of links between genotype and phenotype; between abstract genomic data and concrete patient medical records. This, in turn, requires that collections of either type of data are accessible for those who were not its primary producers. The accessibility of genomic and phenotype data runs a spectrum. At one end are large-scale collections of abstract genomic data produced by publicly funded scientists. These data are widely accessible as funders require immediate, unrestricted and even pre-publication release. At the other extreme are small-scale collections of phenotype data made by individual scientists, typically in a hybrid clinical/research setting. These collections tend to be only conditionally accessible, as the primary producers often feel that they have earned an exclusive right to use ‘their’ collection of data concerning ‘their’ patients or subjects. Two unrelated developments might impact on the current degree of accessibility of the collections at either end of the spectrum. First, largescale projects are moving from assembling raw genomic data with little or no ‘utility’ in the patent sense of the law, to producing ‘functional data’ with increasing utility. The increased ‘patentability’ of these novel data may undermine the data release policies of these projects. Second, data in small-scale collections are increasingly being assembled by the research participants themselves. Consequently, traditional proprietary claims by individual researchers may come under pressure...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.