The utilitarian theory contemplates rewarding the risks of inventors by providing them with a defined period of exclusivity to recoup their investment. For inventions requiring further investment, patents enable the creation of financial relationships between inventors and investors by providing patent exclusivity during the commercialization process. Innovation, contrasted from invention and conceptualized as commercialization, however, does not necessarily form the best means for delivering to the public inventions intended to improve health. Although patent policy conflates the economic growth and health improvement objectives of innovation, these goals do not always align. While the exercise of BRCA patents instantiates exclusive practicing of patents that failed to adequately deliver health technology, the patent system does not need significant change. Rather, to maintain the expectations of patent holders while balancing the needs of the public, current practices should continue with the encouragement of the creation of voluntary patent pools.

The utilitarian theory contemplates rewarding the risks of inventors by providing them with a defined period of exclusivity to recoup their investment. For inventions requiring further investment, patents enable the creation of financial relationships between inventors and investors by providing patent exclusivity during the commercialization process. Innovation, contrasted from invention and conceptualized as commercialization, however, does not necessarily form the best means for delivering to the public inventions intended to improve health. Although patent policy conflates the economic growth and health improvement objectives of innovation, these goals do not always align. While the exercise of BRCA patents instantiates exclusive practicing of patents that failed to adequately deliver health technology, the patent system does not need significant change. Rather, to maintain the expectations of patent holders while balancing the needs of the public, current practices should continue with the encouragement of the creation of voluntary patent pools.

University of Macau / Faculty of Social Sciences and Humanities / Department of Sociology

This research investigates the relationship between those incentives for faculty support of university-industry technology transfer that are governed by university intellectual property policies and technology transfer outcomes at Canadian universities. <br /> Empirical research, chiefly conducted in the United States, has explored the link between the incentives that are governed by IP policies and various outcomes and found that financial incentives are correlated with a variety of outcomes. This research extends the literature by exploring the same underlying relationship, in Canada, where IP policies also determine ownership and control of the development of the IP; some universities retain control over the development and other universities let the ownership and control vest with the inventors. <br />The research question was pursued by conducting three studies, each of which provided a different perspective. The first study seeks to explain cross-institutional patterns in the numbers of patents held by Canadian universities using variables that represent the financial incentives and control offered to faculty inventors by the universities' policies. The second study investigated the impact of a policy change at the University of Toronto, using interrupted time series analysis techniques. The third study investigated the experiences of faculty inventors at the University of Waterloo through indepth interviews and thematic analysis of the resulting qualitative data. <br /> The first, cross-sectional study failed to generate statistically significant results. In the second, longitudinal study, the change from a "university-owns" to an "inventor-owns" policy appeared to have significantly and substantially increased the number of invention disclosures submitted to the University of Toronto by its faculty members. The third, qualitative study suggests that faculty members interpret the incentives governed by intellectual property policies and that this interpretation is shaped by group norms, academic leadership, university culture and the inventors' experiences with technology transfer support organizations. Therefore, Studies 2 and 3 indicate that university intellectual property policies are effective levers with which to stimulate university-industry technology transfer and thus deserve further study. The importance of university factors in Study 3 implies that intellectual property policies must fit with their organizational contexts in order to be productive. <br />This research also has important policy implications. Many governments have been attempting to emulate the American Bayh-Dole Act by introducing or changing national regulations affecting university IP policies. This research suggests that these national regulations may actually depress researcher support for technology transfer and thus the amount of activity at those institutions that would benefit from an alternate policy. In effect, standardization of university IP policies through national regulations may deprive university administrators of an effective lever for encouraging technology transfer on their campuses. This inference will be the focus of further research which will broaden the work documented in this dissertation by exploring the relationship between university IP policies, university-industry technology transfer, and university factors, including culture, across a wider range of universities.

Information from the Human Genome Project is being integrated into the drug discovery and development process to permit novel drug targets to be identified, clinical trial testing to be made more efficient, and efficacious therapeutics to be approved and made widely available. Knowledge of the genome will allow for the description and quantification of disease and susceptibility to disease as informational errors or deficits. The creation and application of knowledge occur through cooperative or competitive interactions, often reflecting the perceived value of the knowledge. The public or private value of the knowledge, both for itself and for potential applications, can be determined through an understanding of the classification and characterization of this knowledge, as well as the position of the knowledge within the drug discovery and development pipeline. The transformation of knowledge from a purely public good to a quasi-private good has highlighted the need for balance between incentives for the market provision of scientific and technological knowledge by an innovator and incentives for the market provision of incremental knowledge by a follow-on developer. It has been suggested that a patent system developed for a discrete model of innovation may no longer be optimal for an information-based, cumulative model of innovation. Consequently, it is necessary to reanalyze models of intellectual property protection and strategies of knowledge sharing in biopharmaceutical discovery research. Under certain conditions, the biotech commons is an efficient institution that can preserve downstream opportunities for multiple researchers fairly and efficiently. A framework for classifying and characterizing discovery knowledge is developed in this research and the role of research consortia in preserving the biotech commons is analyzed. This study also addresses the value of pooling versus unilaterally holding knowledge, the benefits associated with appropriating from the commons, the role of knowledge characteristics in bargaining between licensor and licensee, and the overall management of the biotech commons.

För att en uppfinning ska anses vara patenterbar uppställer artikel 52(1) EPC fyra rekvisit. Det ska vara en uppfinning som är ny, har uppfinningshöjd och är industriellt tillämpbar. Uppfinningsrekvisitet finns inte definierat i EPC utan har utvecklats genom praxis. För att en uppfinning ska anses vara en patenterbar uppfinning ska den ha teknisk karaktär. Vad som utgör teknisk karaktär har även det utvecklats genom praxis. En patenterbar uppfinning ska avse den tekniska ämnessfären. Detta kommer till uttryck i artikel 52(2) EPC som genom en inte uttömmande lista definierar vad som inte ska anses vara en uppfinning. Det framgår av artikel 52(2)(c) och (3) EPC att datorprogram ”som sådana” inte är patenterbara uppfinningar. Trots det kan vissa datorprogramrelaterade uppfinningar patenteras. Syftet med denna uppsats är att redogöra för EPO:s utveckling av patent på datorprogram och mer specifikt hur kravet på teknisk karaktär har förändrats för att avgöra om uppfinningsrekvisitet i artikel 52(1) EPC är uppfyllt. Bedömningen av teknisk karaktär för bedömningen av uppfinningsrekvisitet i artikel 52(2) EPC har utvecklats från en bedömning av det tekniska bidraget i VICOM-målet till att bedöma ytterligare teknisk effekt, tekniska medel och fysiska ting i IBM-målet, Pension Benefit-målet och Hitachi-målet. Denna utveckling har inte medfört någon minskning av kravet på teknisk karaktär, utan har gjort uppfinningsbegreppet bredare med anledning av den utveckling som skett på området och på så vis anses flera uppfinningar ha teknisk karaktär. Effekten av utvecklingen i praxis är att det anses viktigare att bedöma kravet på uppfinningshöjd. Kravet på uppfinningshöjd är speciellt viktigt inom tekniska områden med en snabb utveckling eftersom det annars finns en stor risk att utvecklingen blockeras. / For an invention to patentable, article 52(1) EPC require four criteria to be fulfilled. It should be an invention, that is new, involve an inventive step and is susceptible of industrial application. The criteria of invention is not defined in the EPC, but has been developed through case law. An invention need to have technical character for it to be patentable. What constitutes technical character has also been defined through case law. A patentable invention should be in the field of technology. This is expressed in article 52(2) EPC which defines what should not be seen as an invention. Article 52(2)(c) and (3) EPC states that a program for computers as such is not a patentable invention. The purpose with this thesis is to analyze the EPO case law on programs for computers and more specifically how the concept of technical character has changed. The assessment of technical character required for a patentable invention has developed from assessing the technical contribution in VICOM to assessing further technical effect, technical means and physical products in IBM, Pension Benefit Systems and Hitachi. The development has not meant any decrease in assessing technical character, but instead made the criteria of invention broader because of the development in the field of computer programs. The effect of the case law development has meant a shift from assessing invention to assessing inventive step. The criterion for inventive step is especially important in fields where technical development moves rapidly, otherwise there is a risk of blocking development.

This thesis analyses the struggle over rights to benefits and ownership of plant genetic resources and the global regime complex on the management of plant genetic resources, and how different regimes concerning these resources cooperate or stand in opposition to each other. Because of changes in US patent law and the establishment of TRIPS, patent claims over plant genetic resources has increased dramatically globally. This, amongst other things, in turn has lead to the acrimonious negotiations of access and benefit sharing arrangements within the framework CBD. The objective of this thesis is to examine the interaction between the international regimes regulating genetic resources and intellectual property and to analyse how these regime interactions, affect the protection of traditional knowledge held by local communities, indigenous peoples and small farmers in developing countries. The thesis concludes that it exists several regime interactions that are disruptive and undermine the possibility of protecting traditional knowledge from misappropriation. It is further concluded that modifications of the existing IPR regimes, on the disclosure of inventions, with a certificate of legal provenance, securing FPIC, MAT and benefit sharing, may serve as one brick in the wall that protect traditional knowledge from misappropriation through wrongly granted patents. But a certificate of legal provenance will not do the work alone. To protect traditional knowledge associated with genetic resources in the long term bio-cultural solutions which sustains the entire community where traditional knowledge is embedded is needed.

This research investigates the relationship between those incentives for faculty support of university-industry technology transfer that are governed by university intellectual property policies and technology transfer outcomes at Canadian universities. <br /> Empirical research, chiefly conducted in the United States, has explored the link between the incentives that are governed by IP policies and various outcomes and found that financial incentives are correlated with a variety of outcomes. This research extends the literature by exploring the same underlying relationship, in Canada, where IP policies also determine ownership and control of the development of the IP; some universities retain control over the development and other universities let the ownership and control vest with the inventors. <br />The research question was pursued by conducting three studies, each of which provided a different perspective. The first study seeks to explain cross-institutional patterns in the numbers of patents held by Canadian universities using variables that represent the financial incentives and control offered to faculty inventors by the universities' policies. The second study investigated the impact of a policy change at the University of Toronto, using interrupted time series analysis techniques. The third study investigated the experiences of faculty inventors at the University of Waterloo through indepth interviews and thematic analysis of the resulting qualitative data. <br /> The first, cross-sectional study failed to generate statistically significant results. In the second, longitudinal study, the change from a "university-owns" to an "inventor-owns" policy appeared to have significantly and substantially increased the number of invention disclosures submitted to the University of Toronto by its faculty members. The third, qualitative study suggests that faculty members interpret the incentives governed by intellectual property policies and that this interpretation is shaped by group norms, academic leadership, university culture and the inventors' experiences with technology transfer support organizations. Therefore, Studies 2 and 3 indicate that university intellectual property policies are effective levers with which to stimulate university-industry technology transfer and thus deserve further study. The importance of university factors in Study 3 implies that intellectual property policies must fit with their organizational contexts in order to be productive. <br />This research also has important policy implications. Many governments have been attempting to emulate the American Bayh-Dole Act by introducing or changing national regulations affecting university IP policies. This research suggests that these national regulations may actually depress researcher support for technology transfer and thus the amount of activity at those institutions that would benefit from an alternate policy. In effect, standardization of university IP policies through national regulations may deprive university administrators of an effective lever for encouraging technology transfer on their campuses. This inference will be the focus of further research which will broaden the work documented in this dissertation by exploring the relationship between university IP policies, university-industry technology transfer, and university factors, including culture, across a wider range of universities.

Information from the Human Genome Project is being integrated into the drug discovery and development process to permit novel drug targets to be identified, clinical trial testing to be made more efficient, and efficacious therapeutics to be approved and made widely available. Knowledge of the genome will allow for the description and quantification of disease and susceptibility to disease as informational errors or deficits. The creation and application of knowledge occur through cooperative or competitive interactions, often reflecting the perceived value of the knowledge. The public or private value of the knowledge, both for itself and for potential applications, can be determined through an understanding of the classification and characterization of this knowledge, as well as the position of the knowledge within the drug discovery and development pipeline. The transformation of knowledge from a purely public good to a quasi-private good has highlighted the need for balance between incentives for the market provision of scientific and technological knowledge by an innovator and incentives for the market provision of incremental knowledge by a follow-on developer. It has been suggested that a patent system developed for a discrete model of innovation may no longer be optimal for an information-based, cumulative model of innovation. Consequently, it is necessary to reanalyze models of intellectual property protection and strategies of knowledge sharing in biopharmaceutical discovery research. Under certain conditions, the biotech commons is an efficient institution that can preserve downstream opportunities for multiple researchers fairly and efficiently. A framework for classifying and characterizing discovery knowledge is developed in this research and the role of research consortia in preserving the biotech commons is analyzed. This study also addresses the value of pooling versus unilaterally holding knowledge, the benefits associated with appropriating from the commons, the role of knowledge characteristics in bargaining between licensor and licensee, and the overall management of the biotech commons.

Crop research has undergone a major transformation in North America and many other parts of the word. The introduction of biotechnology and Intellectual Property Rights (IPR) alter the nature of research products, which in turn changes the structure of the agricultural research industry from perfectly competitive to imperfectly competitive. The implications of these changes are not fully understood. The objective of this thesis is to develop a broader understanding of how biotechnology, changes in IPRs and the resulting changes in industry structure have affected private and public incentives for agricultural research. The specific goals include development of an analytical framework to examine the incentives for private R&D expenditure, and the spillovers between basic and applied research and between private and public firms. To achieve the objective of this study, a stochastic analytical model within an imperfect competitive framework was developed. Specifically, what is developed is a three-stage search/imperfect competition model characterized by two research firms developing and selling differentiated products to producers who are heterogeneous with respect to some attributes. Agricultural research is modeled with explicit recognition of the search process, which allows us to recognize research as a stochastic process with sporadic outcomes and to explicitly model the interaction between basic and applied research. The findings of this study are mainly in the form of propositions. It was shown that basic public research "crowds in" applied private research while applied public research "crowds out" applied private research. The current technology level and the cost of the experimentation negatively affect private investment, while the price of the final product positively affects the private investment. Moreover, it is concluded that, the greater the product heterogeneity, the higher the price charged with the same amount of R&D. Finally, it is shown that the increase in IPR's and the firm's market size has a positive effect on the private firm's amount of R&D investment. The econometric analysis, using data from the canola industry, provides empirical evidence to support the analytical framework and the proposition derived in this study. The study also draws a number of policy implications from the derived propositions.