Intellectual property rights issues for research tools in biotechnology research

Chaturvedi, R. (2015) Intellectual property rights issues for research tools in biotechnology research. Journal of Proteins and Proteomics, 6 (3). pp. 225-236.

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The research tools refer to the resources researchers need to use in experimental work. In Biotechnology, these can include cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry libraries, drug and drug targets, clones and cloning tools (such as PCR), method, laboratory equipment and machines, database and computer software. Research tools therefore serve as basis for upstream research to improve the present product or process. There are several challenges in the way of using patented research tools. IP issues with regard to research tools are important and may sometime pose hindrance for researchers. Hence in the case of patented research tools, IPR issues can compose a major hurdle for technology development. In majority instances research tools are permitted through MTAs for academic research and for imparting education. TRIPS provides a provision for exception to patent rights for experimental use of patented technology in scientific research and several countries including India have included this provision in their patent legislation. For commercially important work, licensing of research tools can be based on royalty or one time lump sum payment. Some patent owners of important high-end research tools for development of platform technology create problems in licensing which can impede research. Usually cost of a commercially available research tool is built up in its price.

Item Type: Article
Uncontrolled Keywords: Biotechnology; Research tools: Patent Rights; Experimental use; TRIPS.
Author Affiliation: HRD IPR Chair, Cluster Innovation Centre, Rugby Sevens Stadium Building, University of Delhi, Delhi 110007, India
Subjects: Social Sciences
Divisions: General
Depositing User: Mr T L Gautham
Date Deposited: 24 Dec 2015 06:07
Last Modified: 24 Dec 2015 06:07

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