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The Potential of Stem Cells La Follette School of Public Affairs/WiCell Research Institute

Stephen M. Maurer UC Berkeley/Goldman School of Public Policy & USC Law School (Visiting). Open Source Biology. The Potential of Stem Cells La Follette School of Public Affairs/WiCell Research Institute March 2, 2007. The Arguments Against Open Source Biology. Appropriability

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The Potential of Stem Cells La Follette School of Public Affairs/WiCell Research Institute

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  1. Stephen M. Maurer UC Berkeley/Goldman School of Public Policy & USC Law School (Visiting) Open Source Biology The Potential of Stem Cells La Follette School of Public Affairs/WiCell Research Institute March 2, 2007

  2. The Arguments Against Open Source Biology Appropriability Competing With Patents New Money Therapies

  3. A Loophole? Inside the Black Box Know-How Stem Cell Supplier Line Supplier Therapeutics Company Consumers

  4. A Loophole? Inside the Black Box Today’s Players WARF WARF, UCSF ESI etc. … Therapeutics Company Consumers

  5. A Loophole? Inside the Black Box Today’s Players Room for Open Source? Appropriability Competing With Patents Electronics & Software WARF Open Source Therapeutics Company Consumers

  6. A Loophole? Inside the Black Box Today’s Players Room for Open Source? Appropriability Competing With Patents Electronics & Software Is Open Source … An Improvement? In Anyone’s Interest? WARF Open Source Therapeutics Company Consumers

  7. Is Open Source An Improvement? Consumer Viewpoint WARF Open Source Therapeutics Company Consumers

  8. Is Open Source In Anyone’s Interest? Therapeutics Companies WARF Open Source Therapeutics Company Consumers

  9. (Some Economics – Pt. 1) WARF WARF WARF ESI Therapeutics Therapeutics Company Company Case 1: Monopoly Price. Case 2 Above Monopoly Price! A. A. Cournot, Researches into the Mathematical Principles of the Theory of Wealth (1838).

  10. (Some Economics – Pt. 1) Case 3: Monopoly Price. WARF Open Source Therapeutics Company Supporting open source is a profitable strategy for therapeutics companies!

  11. Is Open Source In Anyone’s Interest? WARF Case 1: Strong Patents WARF Open Source Therapeutics Company Consumers

  12. Is Open Source In Anyone’s Interest? WARF Case 1: Strong Patents Case 2: Weak Patents WARF Open Source Therapeutics Company C. Hazuka, “Supporting the Work of Lesser Geniuses,” 57 Miami L. Rev. (2002) K. Taymor, C. Scott & T. Greely, “The Paths Around Stem Cell Intellectual Property,” 24 Nature Biotechnology 411 (2006). Consumers

  13. (Some Economics – Pt. 2) Open vs. Proprietary Cell Lines “Standards Wars” & “Tipping” Tipping in Cell Lines Why ~ Dozen Lines? Clever Design vs. Experience Base Tipping in Stem Cell Lines

  14. FAQs for Requesting Stem Cells 5. Which cell lines sh ould I order?We get many inquiries for advice as to which lines should be ordered. We suggest that you do some reading of the literature in your field of study to help identify the cell lines used in that research. However, even that groundwork may not lead to a specific recommendation. For example, at WiCell's and Dr. Thomson's UW research laboratories, H1 and H9 have been used more frequently than H7, H13, and H14; therefore, we have more experience with H1 and H9. Even so, we have no evidence that these two lines are "better." Available athttp://www.wicell.org/index.php?option=com_content&task=blogcategory&id=124&Itemid=190

  15. (Some Economics – Pt. 2) Open vs. Proprietary Cell Lines “Standards Wars” & “Tipping” Tipping in Cell Lines Why ~ Dozen Lines? Clever Design vs. Experience Tipping in Stem Cell Lines Are We Too Late? Maybe Not … Post-Bush Cell Lines … National Stem Cell Bank at The WiCell Research Institute http://www.wicell.org/index.php?option=com_oscommerce&Itemid=130

  16. Business & Legal Strategies Winning the Tipping War Depositing & Sharing Data

  17. Depositing & Sharing Data Krishanu Saha, “Navigating to the Right Stem Cell Line” (2006), saha@berkeley.edu

  18. Business & Legal Strategies Winning the Tipping War Depositing & Sharing Data Material Transfer Agreements Database Licenses

  19. Business & Legal Strategies Winning the Tipping War Depositing & Sharing Data Material Transfer Agreements Database Licenses Keeping Cell Line in the Public Domain The Public Domain vs. Improvements? Patent Licenses? Materials Transfer & Database Licenses R. Feldman, “The Open Source Biotechnology Movement: Is it Patent Misuse?” 6 Minnesota Journal of Law, Science & Technology 117 (2004)

  20. Business & Legal Strategies An Open Source (Patent Law) Heresy: What’s Wrong With Limited Appropriability? Without Explicit Agreements Using Materials Transfer & Database Licenses J. Henkel “Selective Revealing in Open Innovation Processes: The case of embedded Linux.”  35 Research Policy 953 (2006)

  21. Stephen M. Maurer UC Berkeley/Goldman School of Public Policy & USC Law School (Visiting) Open Source Biology The Potential of Stem Cells La Follette School of Public Affairs/WiCell Research Institute March 2, 2007

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