Who Owns Creative Production in the Age of the Biomedical Complex? Stanford v. Roche and the Controversy Over the Ownership of Government-funded Inventions *

• 영문명: Who Owns Creative Production in the Age of the Biomedical Complex? Stanford v. Roche and the Controversy Over the Ownership of Government-funded Inventions
• 발행기관: 이화여자대학교 생명의료법연구소
• 저자명: Doogab Yi
• 간행물 정보: 『생명윤리정책연구(Asia Pacific Journal of Health Law & Ethics)』Vol.12 No.2, 95~122쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.03.30

영문 초록

Ownership of creative production in biomedical science and technology has emerged not merely as a legal and technical question but also as a matter of key public policy and ethical issues in the recent historical nexus of commercial biotechnology and academic capitalism. This article analyzes a controversy between Stanford University and the Roche Molecular Systems over the ownership of PCR-based HIV diagnostic patents. It pays a particular attention on the amicus curiae briefs submitted before the U.S. Supreme Court case, Stanford v. Roche, in order to shed light on the changing landscape of the controversy over the ownership of government-funded Inventions. The private industry, academic community, and government officials put forward their own interpretations of the Bayh-Dole Act as a way to find an optimal balance between economic innovation and the public interest in the age of the biomedical complex. The 2011 Supreme Court decision, 563 U.S. 776 (2011), which held that the Bayh-Dole Act did not affect an inventor s ownership right, reflects the need to reaffirm and clarify an inventor s ownership right in the highly risky, unpredictable, and collaborative biomedical enterprise.

목차

I. 들어가며: 생명공학과 지적재산권

II. 첨단 생명공학 시대의 협력연구: 스탠포드와 시터스

III. 특허의 소유권과 후기 근대적 과학 사업에서의 공공의 이익

IV. 생의학 복합체 시대의 공공 이익

V. 대법원의 판결: 창의적 발명자의 소유권

VI. 결론

키워드

Intellectual Property Ownership of Government-funded Invention The Bayh-Dole Act Biotechnology Stanford v Roche