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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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slide1

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

slide2

The Arguments Against

Open Source Biology

Appropriability

Competing With Patents

New

Money

Therapies

slide3

A Loophole?

Inside the Black Box

Know-How

Stem Cell

Supplier

Line Supplier

Therapeutics

Company

Consumers

slide4

A Loophole?

Inside the Black Box

Today’s Players

WARF

WARF, UCSF

ESI etc. …

Therapeutics

Company

Consumers

slide5

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

slide6

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

slide7

Is Open Source

An Improvement?

Consumer Viewpoint

WARF

Open Source

Therapeutics

Company

Consumers

slide8

Is Open Source

In Anyone’s Interest?

Therapeutics Companies

WARF

Open Source

Therapeutics

Company

Consumers

slide9

(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).

slide10

(Some Economics – Pt. 1)

Case 3:

Monopoly Price.

WARF

Open Source

Therapeutics

Company

Supporting open source is a profitable

strategy for therapeutics companies!

slide11

Is Open Source

In Anyone’s Interest?

WARF

Case 1: Strong Patents

WARF

Open Source

Therapeutics

Company

Consumers

slide12

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

slide13

(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

slide14

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

slide15

(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

slide16

Business & Legal Strategies

Winning the Tipping War

Depositing & Sharing Data

slide17

Depositing & Sharing Data

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

slide18

Business & Legal Strategies

Winning the Tipping War

Depositing & Sharing Data

Material Transfer Agreements

Database Licenses

slide19

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)

slide20

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)

slide21

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