Cooperative Strategies for Facilitating Use of Patented Inventions in Biotechnology

摘要: This article explores possible mechanisms for ensuring that the innovation goal of patent system is achieved by facilitating better use patented inventions in biotechnology, taking into account complex relationships between owners and users. We argue a measured approach necessary, reflecting delicate balance innovation. The itself already provides some mechanisms, discussed briefly first part this article. However, we see benefit expanding owners’ repertoire to include industry-driven may be more finely tuned needs particular industry participants or groups participants. Examples pooling, clearinghouse open source licensing. Such adjusted take trial error learning specific contexts, engender greater commitment on than involuntary, ‘top down’ regulation. private ordering transactions among intellectual property holders would complement rather displace existing public mechanisms. law necessarily blunt instrument; where applicable, methods canvass promise efficiency through superior flexibility specificity.