Sep 012013


Supreme Court ruling on gene patenting, and modern risks raised by industry/academic interaction, signal need for change

The law that has helped medical discoveries make the leap from university labs to the marketplace for more than 30 years needs revising, in part to ensure the American people benefit from science their tax dollars have paid for, says a University of Michigan Medical School physician and medical historian.

In a new commentary in the New England Journal of Medicine,Howard Markel, M.D., Ph.D., director of the U-M Center for the History of Medicine, looks at the fluke-ridden history of how the law known as Bayh-Dole Technology Transfer Act was passed in 1980. The law made it much easier for research findings made by academics to be patented, licensed by companies and commercialized.

The haphazard history of Bayh-Dole, and the issues and risks that have arisen since it was passed, suggest it is time to re-examine and revise the law, says Markel.

The need for more modern guidance of the process known as technology transfer, and the conduct of ethical and socially just partnerships between academia and industry, was reflected in the recent unanimous Supreme Court ruling that barred the patenting of human genes – though allowed other patents of gene-related discoveries, Markel says.

He traces the history of the Bayh-Dole law, which allows universities and other institutions that receive federal research dollars to grant exclusive licenses to companies that wish to commercialize discoveries made by academic researchers.

Initially conceived as a way to help the United States economy at a time when industry was struggling to keep up with German and Japanese innovation, the proposal only became law because of last-minute wrangling during the final days of a lame-duck Congressional and presidential term.

“The Bayh-Dole Act has had such far-reaching influence in both academia and American society, but it certainly is not a law that should be set in stone,” says Markel. “The very passage of the act was based on a series of quirky, historically improbable events, and random and entropic processes. There have been many great things and grave problems that have emerged since the passage of Bayh-Dole, but because the landscape of biotechnologies in universities and industry has evolved so far, so fast, it’s time to have a rational, serious dialogue about revising it to reduce the risks the law has created.”

Markel notes that partnerships between industry and academia are important, and is not calling for a separation of the two spheres.

Read more . . .


The Latest on: Tech transfer law
  • BLJ: Ex-Goldberg Segalla partners form new law firm
    on December 11, 2017 at 8:34 am

    Six former partners of Goldberg Segalla in Buffalo who opened their own law firm last month say they have a network ... That vision includes greater use of technology and cost certainty for clients, he said. “Our philosophy is that success is defined ... […]

  • Police Minister urged to update gun laws amid fears criminals exploiting loops
    on December 7, 2017 at 8:34 pm

    "Criminal activity, combined with changing technology and marketing ... through firearms dealers, illegal transfer to unlicensed owners, or illegal importing. The overriding majority of firearms users in New Zealand were law abiding, the report said ... […]

  • Where Facebook has no friends, tech bends to China's will
    on December 6, 2017 at 8:43 pm

    This year, his government passed strict laws preventing the free transfer of user data outside of China despite protests from global tech giants. And hundreds of apps used by activists and citizens to access the global internet - including Microsoft's ... […]

  • Tech firms tell patent court to ignore Allergan deal with tribe
    on December 1, 2017 at 3:59 pm

    (Reuters) - Over 30 technology companies including Alphabet Inc (GOOGL.O), Inc (AMZN.O) and Facebook Inc. (FB.O) on Friday urged a U.S. patent court to disregard drugmaker Allergan Plc’s (AGN.N) contention that its transfer of some of its ... […]

  • Soligenix to Receive $417,000 in Non-Dilutive Funding Through New Jersey Technology Business Tax Certificate Transfer Program
    on November 30, 2017 at 9:51 am

    As a result, the Company anticipates being able to transfer this credit and receive approximately $417,000 in net proceeds by year end. This competitive program enables approved technology and ... Unless required by law, Soligenix assumes no obligation ... […]

  • NetCents Technology Inc. Now Accepts Interac e-Transfer
    on November 29, 2017 at 6:03 am

    VANCOUVER, Nov. 29, 2017 /CNW/ - NetCents Technology Inc. ("NetCents" or the "Company") (CSE: NC / Frankfurt: 26N) is pleased to announce that the company now accepts Interac e-Transfer for Canadian ... applicable securities laws, the Company undertakes ... […]

  • NA deputies discuss technology transfer law
    on June 2, 2017 at 10:11 pm

    HÀ NỘI – Deputies of the National Assembly spent the whole morning yesterday discussing a draft revision to the Law on Technology Transfer. Most deputies agreed that the proposed changes will create favourable conditions for technology transfer and ... […]

  • Israel 'must relax technology transfer law'
    on June 23, 1999 at 5:00 pm

    Orna Berry, chief scientist in Israel's Ministry of Commerce and Industry, acknowledged last week that the country's law on research and development (R&D) needs to be revised to take into account changes in intellectual property rights and technology exports. […]

  • Clinton Approves Technology Transfer to China
    on May 10, 1999 at 6:00 pm

    President Clinton said in a letter to Congress that the transfer would not harm national security or significantly improve China's military capability in space. The President was required under a 1998 law to certify that all such technology exports are in ... […]

via Google News and Bing News

Other Interesting Posts

Leave a Reply

%d bloggers like this: