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Isaac, Alan G.; Park, Walter G. --- "Open Development: Is the ‘Open Source’ Analogy Relevant to Biotechnology?" [2009] ELECD 492; in Castle, David (ed), "The Role of Intellectual Property Rights in Biotechnology Innovation" (Edward Elgar Publishing, 2009)

Book Title: The Role of Intellectual Property Rights in Biotechnology Innovation

Editor(s): Castle, David

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209801

Section: Chapter 10

Section Title: Open Development: Is the ‘Open Source’ Analogy Relevant to Biotechnology?

Author(s): Isaac, Alan G.; Park, Walter G.

Number of pages: 27

Extract:

10. Open development: is the `open
source' analogy relevant to
biotechnology?
Alan G. Isaac and Walter G. Park

INTRODUCTION

During the past quarter century, innovation and growth have character-
ized the biotechnology industries. At the same time, multinational agree-
ments have strengthened and harmonized global intellectual property
standards. The link between these two developments is the subject of
much controversy. Did economic growth occur because of the growth of
IPRs? Did economic growth occur despite the growth of IPRs? Or was the
growth of IPRs an institutional manifestation of the economic interests
concomitant to economic growth?
Academic research and public policy discussions during the 1990s
explored many concerns about the increased scope and global reach of
IPRs, including IPRs in biotechnology. A spectre of IPRs is haunting
the biotech industry, the critics say. Despite the rapid growth of the bio-
technology industries, one common concern is that the proliferation of
IPRs may raise the costs of innovation and thereby slow technological
progress. A second concern is distributional: the increasing global scope
of IPRs appears to disadvantage developing countries, which accede to a
regime of global IPR harmonization without possessing the IPR riches of
the developed countries. A related concern is that the assertion of IPRs
over the genetic resources of developing countries may constitute a kind
of `biopiracy' by developed countries. Such concerns are entangled with a
concern that proprietary rights (such as patents) may be inappropriate in
the field of biotechnology, where innovations may be mere discoveries and
where ...