Could Open Be The Yellow Brick Road To Innovation In Genomics In North America?

MCGILL JOURNAL OF LAW AND HEALTH(2019)

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摘要
Medical research in genomics is advancing at an accelerated pace. Every new discovery or invention creates a new and even more ambitious set of promises and associated expectations for improved health care. However, despite some rapid advances, most of these promises have yet to come to full fruition. Proponents of the patent system and its traditional proprietary model of commercialization claim that it is the most effective instrument for providing the necessary incentives to allocate their financial resources and efforts to advance innovation. However, the use of patents in genomics has introduced major roadblocks, leading to a slower, less efficient, and more burdensome innovation process. Moreover, patented innovation tends to be particularly costly and has contributed to the recent rise in the price of drugs, tests, and medical devices. These high prices prevent poorer populations from obtaining the health care services they re-quire. For an improved innovation system in this field, a variety of open models of innovation have been proposed and used in addition to, or to replace, the patent system. This article considers whether open models of collaboration can pave a "yellow brick road" to future innovation. It explores the way in which the use of open models of collaboration in genomics can help reduce these roadblocks and extends beyond academic debates by analyzing real-world examples of projects in North America.
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