Expanding the Bounds of Intellectual Property

Intellectual Property (IP), especially
in the form of patents, is too often seen as an obstacle to open science and a culture of sharing, or alternatively as the only means through which investment in
genomics research can result in application.

In the Intellectual Property and Policy Research Group (IPPRG), part of UBC’s W. Maurice Young Centre for Applied Ethics (CAE), we take a much more nuanced view: that IP is a tool that can be used in various forms to advance different objectives. As social scientists,
our work is pushing the bounds of understanding how alternative IP, such as open source, patent pools, and public domain, can be applied in genomics.

As part of its efforts to foster GE³LS research, Genome BC has been instrumental in supporting the IPPRG and facilitating connections with genomics researchers interested in IP’s potential role.

In our work with the large-scale “Building a GE³LS Architecture” project, we’re analyzing the BC Cancer Agency’s (BCCA) attempted patent pool for its SARS virus sequence. One of the first attempts ever in the genomics arena, this
proposed patent pool could help preserve a zone of open scientific research and will likely pave the way for future attempts to form these unique IP
arrangements. Such patent pools could make basic genomics research – and resulting health care products – more available and less costly.

We’re also working closely with the “Dissecting Gene Expression Networks in Mammalian Organogenesis” (MORGEN) team at the BCCA to understand an appropriate role for IP in the development of new research tools and in upstream genomics research. One aim is to see how open-source licensing
approaches – originally developed for IT to ensure that basic development tools were licensed to promote cost-free information sharing – can be adapted to the life sciences.

Our work with Don Moerman’s C. Elegans research group, which is committed to making research publicly available, asks questions about the impact on research productivity of using the public domain, versus IP protection.

Through this Genome BC-funded research we were recently invited to participate in a new project of the Sauder School of Business’ Centre
for Social Innovation and Sustainability, which explores how alternative IP could advance the development of medicines for neglected diseases.

I am fortunate to be collaborating with a team of individuals with diverse, but essential, expertise. Our exciting and important work continues to expand into new areas, and I believe it has the potential to advance IPPRG’s impact onto the world stage.

With degrees in biology, history of science and law from Harvard, Cambridge and New York Universities, Emily Marden is a faculty member at UBC’s W. Maurice Centre for Applied Ethics (CAE) and a practicing attorney in the biotech/pharmaceutical arena. She co-leads the CAE’s Intellectual Property and Policy Research Group (IPPRG) along with Dr. Ed Levy.

Genome BC’s Spring 2009 Newsletter Signals