Edited by Geertrui van Overwalle
Publisher: Cambridge University Press
Print Publication Year:2009
Online Publication Date:January 2010
Concerns have been expressed that gene patents might result in restricted access to research and health care. The exponential growth of patents claiming human DNA sequences might result in patent thickets, royalty stacking and, ultimately, a 'tragedy of the anti-commons' in genetics. The essays in this book explore models designed to render patented genetic inventions accessible for further use in research, diagnosis or treatment. The models include patent pools, clearing house mechanisms, open source structures and liability regimes. They are analysed by scholars and practitioners in genetics, law, economics and philosophy. The volume looks beyond theoretical and scholarly analysis by conducting empirical investigation of existing examples of collaborative licensing models. Those models are examined from a theoretical perspective and tested in a set of operational cases. This combined approach is unique in its kind and prompts well founded and realistic solutions to problems in the current gene patent landscape.
18 - Case 10. The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). The Standard Material Transfer Agreement as implementation of a limited compensatory liability regime:
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