A clearing house for diagnostic testing: the solution to ensure access to and use of patented genetic inventions?

نویسندگان

  • Esther van Zimmeren
  • Birgit Verbeure
  • Gert Matthijs
  • Geertrui Van Overwalle
چکیده

In genetic diagnostics, the emergence of a so-called "patent thicket" is imminent. Such an overlapping set of patent rights may have restrictive effects on further research and development of diagnostic tests, and the provision of clinical diagnostic services. Currently, two models that may facilitate access to and use of patented genetic inventions are attracting much debate in various national and international fora: patent pools and clearing houses. In this article, we explore the concept of clearing houses. Several types of clearing houses are identified. First, we describe and discuss two types that would provide access to information on the patented inventions: the information clearing house and the technology exchange clearing house. Second, three types of clearing houses are analysed that not only offer access to information but also provide an instrument to facilitate the use of the patented inventions: the open access clearing house, the standardized licences clearing house and the royalty collection clearing house. A royalty collection clearing house for genetic diagnostic testing would be the most comprehensive as it would serve several functions: identifying patents and patent claims essential to diagnostic testing, matching licensees with licensors, developing and supplying standardized licences, collecting royalties, monitoring whether users respect licensing conditions, and providing dispute resolution services such as mediation and arbitration. In this way, it might function as an effective model for users to facilitate access to and use of the patented inventions. However, it remains to be seen whether patent holders with a strong patent portfolio will be convinced by the advantages of the royalty collection clearing house and be willing to participate.

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

The examination of intellectual right of medicinal plants and the issue of bio-theft due to agreement of TRIPS

Over the past two decades, the role of intellectual property rights in all areas of science and technology has exploded globally– primarily due to the rules prescribed by the World Trade Organization’s TRIPS and by bilateral/regional trade agreements. The TRIPS agreement obligates all WTO member countries to adopt and enforce minimum standards of intellectual property rights. The TRIPS agreemen...

متن کامل

The examination of intellectual right of medicinal plants and the issue of bio-theft due to agreement of TRIPS

Over the past two decades, the role of intellectual property rights in all areas of science and technology has exploded globally– primarily due to the rules prescribed by the World Trade Organization’s TRIPS and by bilateral/regional trade agreements. The TRIPS agreement obligates all WTO member countries to adopt and enforce minimum standards of intellectual property rights. The TRIPS agreemen...

متن کامل

I-36: Preimplantation Genetic Diagnosis - Where Have We Been and Where Are We Going

Preimplantation genetic diagnosis (PGD) is now considered routine in IVF laboratories with micromanipulation capability and access to genetic diagnostic services. The past two decades have witnessed a dramatic increase in the use of PGD, the number of cycles performed, and the indications for which PGD has been used. This increase has been mirrored by a slow, but steady, increase in the range o...

متن کامل

Prenatal diagnostic methods

Prenatal Diagnosis is the most reliable way of preventing genetic diseases that has been implicated in many countries and has prevented the birth of newborns with different hereditary, congenital and genetic diseases during the past few years. Prenatal diagnosis is actually the use of various diagnostic methods to check the condition of the fetus during pregnancy, because postnatal genetic diso...

متن کامل

An automatic test case generator for evaluating implementation of access control policies

One of the main requirements for providing software security is the enforcement of access control policies which aim to protect resources of the system against unauthorized accesses. Any error in the implementation of such policies may lead to undesirable outcomes. For testing the implementation of access control policies, it is preferred to use automated methods which are faster and more relia...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

عنوان ژورنال:
  • Bulletin of the World Health Organization

دوره 84 5  شماره 

صفحات  -

تاریخ انتشار 2006