Data from Wake Forest University Advance Knowledge in Stem Cell Research
2012 APR 20 - (VerticalNews.com) -- "This Article analogizes early semiconductor technology and its surrounding economics with isolated genes, stem cells, and related bioproducts, and their surrounding economics, to make the case for sui generis (of its own class) intellectual property protection for isolated bioproducts. Just as early semiconductors failed to meet the patent social bargain requiring novelty and non-obviousness in the 1980s, isolated genes and stem cells currently fail to meet the patent bargain requirements of non-obviousness and eligible subject matter that entitle them to traditional intellectual property protection," scientists writing in the American Journal of Law & Medicine report.
"Like early semiconductor chip designs, nevertheless, the high cost of upstream bioproduct research and development, coupled with the need to sustain continued economic growth of the biotechnology industry, mandates that Congress provide some level of exclusive rights to ensure continued funding for this research. Sui generis intellectual property protection for isolated bioproducts would preserve the incentive to continue innovation in the field," wrote S.A. Rose and colleagues, Wake Forest University.
The researchers concluded: "As illustrated by the semiconductor industry, however, such sui generis protection for this technology must include limitations that address the need to provide an appropriate level of public access to facilitate downstream product development and enrich the public domain."
Rose and colleagues published their study in American Journal of Law & Medicine (Semiconductor Chips, Genes, and Stem Cells: New Wine for New Bottles? American Journal of Law & Medicine, 2012;38(1):113-157).
Additional information can be obtained by contacting S.A. Rose, Wake Forest University, Winston Salem, NC 27109, United States.
The publisher of the American Journal of Law & Medicine can be contacted at: Amer Soc Law Medicine Ethics, 765 Commonwealth Ave, Suite 1634, Boston, MA 02215, USA.
Keywords: City:Winston Salem, State:North Carolina, Country:United States, Region:North and Central America, Electronics, Stem Cell Research
This article was prepared by VerticalNews Economics editors from staff and other reports. Copyright 2012, VerticalNews Economics via VerticalNews.com.