This chapter investigates gender disparities in academic patenting by analyzing U.S. university patent applications assigned between 2001 and 2016. Drawing on the U.S. Patent and Trademark Office’s Patent Assignment Dataset, it quantifies differences in participation, success rates, and citation frequency between women and men inventors. The study finds that women remain underrepresented among academic inventors, are less likely to be part of mixed-gender teams, and are disproportionately represented as solo inventors on patents held by women-only (...) teams. It also notes that patents held by women inventors tend to receive fewer citations. The chapter explores how team composition, technological domain, and institutional context shape these outcomes. It concludes with recommendations for addressing structural barriers, including changes to institutional incentives, mentorship structures, and patent policy reforms aimed at fostering gender equity in innovation and technology transfer. (shrink)

Regardless of the increased interest in technological innovation in universities, relatively little is known about the technology developed by academic scientists. Long-term analyses of researchers’ technological contribution are notably missing. This paper examines university-based technology in Finland during the period 1900–85. The focus is on the quantity and technological specialization of applications created inside the universities and in the changes that occurred in scientists’ technological output over nine decades. In the long-term analysis several aspects in universities’ technological contribution, which (...) are typically considered a recent phenomenon, turn out to have long historical roots. Thus the empirical evidence provided in the article challenges views emphasising that the world of science has faced a drastic change in recent decades. (shrink)

Since the 1980s in the US and the 1990s in Europe, patenting and licensing activities by universities have massively increased. This is strongly encouraged by governments throughout the Western world. Many regard academic patenting as essential to achieve ‘knowledge transfer’ from academia to industry. This trend has far-reaching consequences for access to the fruits of academic research and so the question arises whether the current policies are indeed promoting innovation or whether they are instead a symptom of a (...) pro-intellectual property (IP) culture which is blind to adverse effects. Addressing this question requires both empirical analysis (how real is the link between academic patenting and licensing and ‘development’ of academic research by industry?) and normative assessment (which justifications are given for the current policies and to what extent do they threaten important academic values?). After illustrating the major rise of academic patenting and licensing in the US and Europe and commenting on the increasing trend of ‘upstream’ patenting and the focus on exclusive as opposed to non-exclusive licences, this paper will discuss five negative effects of these trends. Subsequently, the question as to why policymakers seem to ignore these adverse effects will be addressed. Finally, a number of proposals for improving university policies will be made. (shrink)

The patenting of human genes has been the subject of debate for decades. While China has gradually come to play an important role in the global genomics-based testing and treatment market, little is known about Chinese scholars’ perspectives on patent protection for human genes. A content analysis of academic literature was conducted to identify Chinese scholars’ concerns regarding gene patents, including benefits and risks of patenting human genes, attitudes that researchers hold towards gene patenting, and any legal and (...) policy recommendations offered for the gene patent regime in China. 57.2% of articles were written by law professors, but scholars from health sciences, liberal arts, and ethics also participated in discussions on gene patent issues. While discussions of benefits and risks were relatively balanced in the articles, 63.5% of the articles favored gene patenting in general and, of the articles that explored gene patents in the Chinese context, 90.2% supported patent protections for human genes in China. The patentability of human genes was discussed in 33 articles, and 75.8% of these articles reached the conclusion that human genes are patentable. Chinese scholars view the patent regime as an important legal tool to protect the interests of inventors and inventions as well as the genetic resources of China. As such, many scholars support a gene patent system in China. These attitudes towards gene patents remain unchanged following the court ruling in the Myriad case in 2013, but arguments have been raised about the scope of gene patents, in particular that the increasing numbers of gene patents may negatively impact public health in China. (shrink)

The framers of the U.S. Constitution believed that intellectual property rights were crucial to scientific advancement. Yet, the framers also recognized the need to balance innovation, privatization, and public use. The courts’ expansion of patent protection for biotechnology innovations in the last 30 years raises the question whether the patent system effectively balances these concerns. While the question is not new, only through a thorough and thoughtful examination of these issues can the current system be evaluated. It is (...) then a policy decision for Congress if any change is necessary. (shrink)

Edwin Southern developed a blotting technique for DNA in 1973, thereby creating a staple of molecular biology laboratory procedures still used after several decades. It became a seminal technology for studying the structure of DNA. The story of the creation and dissemination of this technology, which was not patented and was freely distributed throughout the scientific community, stands as a case study in open science. The Southern blot was developed at a time when attitudes about commercial intrusion into health research (...) were beginning to change and the practical value of molecular genetics was becoming apparent to industry. Interest from industry in fundamental molecular biological techniques meant that scientists began to think about commercial uses of their work even in otherwise "basic" research. The unpatented Southern blot is contrasted with later patented technologies, particularly microarray methods, which were created in the same environment by many of the same people, but which followed significant changes to UK policies encouraging commercialization of academic research and a norm shift friendlier to such commercialization within academic molecular biology. Professor Southern's personal experience illuminates how the technologies evolved, and his views provide insight into how scientists' attitudes about commercialization have changed. (shrink)

Patent landscaping is the process of finding patents related to a particular topic. It is important for companies, investors, governments, and academics seeking to gauge innovation and assess risk. However, there is no broadly recognized best approach to landscaping. Frequently, patent landscaping is a bespoke human-driven process that relies heavily on complex queries over bibliographic patent databases. In this paper, we present Automated Patent Landscaping, an approach that jointly leverages human domain expertise, heuristics based on (...) class='Hi'>patent metadata, and machine learning to generate high-quality patent landscapes with minimal effort. In particular, this paper describes a flexible automated methodology to construct a patent landscape for a topic based on an initial seed set of patents. This approach takes human-selected seed patents that are representative of a topic, such as operating systems, and uses structure inherent in patent data such as references and class codes to “expand” the seed set to a set of “probably-related” patents and anti-seed “probably-unrelated” patents. The expanded set of patents is then pruned with a semi-supervised machine learning model trained on seed and anti-seed patents. This removes patents from the expanded set that are unrelated to the topic and ensures a comprehensive and accurate landscape. (shrink)

The commercialization of academic science has come to be understood as economically desirable for institutions, individual researchers, and the public. Not surprisingly, commercial activity, particularly that which results from patenting, appears to be producing changes in the standards used to evaluate scientists’ performance and contributions. In this context, concerns about a gender gap in patenting activity have arisen and some have argued for the need to encourage women to seek more patents. They believe that because academic advancement is (...) mainly dependent on productivity (Stuart and Ding in American Journal of Sociology 112:97–144, 2006 ; Azoulay et al. in Journal of Economic Behavior & Organization 63:599–623, 2007 ), differences in research output have the power to negatively impact women’s careers. Moreover, in the case of patenting activity, they claim that the gender gap also has the potential to negatively affect society. This is so because scientific and technological advancement and innovation play a crucial role in contemporary societies. Thus, women’s more limited involvement in the commercialization of science and technology can also be detrimental to innovation itself. Nevertheless, calls to encourage women to patent on grounds that such activity is likely to play a significant role in the betterment of both women’s careers and society seem to be based on two problematic assumptions: (1) that the methods to determine women’s productivity in patenting activities are an appropriate way to measure their research efforts and the impact of their work, and (2) that patenting, particularly in academia, benefits society. The purpose of this paper is to call into question these two assumptions. (shrink)

An academic paper, like a good story, has a beginning, a middle, and an end. But they don’t have to be in that order. Instead of laying out reasonable assumptions, followed by a careful argument that arrives at a plausible finish, I will start with an implausible conclusion, then try to justify it. This order might diminish the theatrical effect, since there is no build up to a dramatic finale, but it gains in clarity of purpose. My conclusion is (...) this: We should eliminate all patents and other forms of intellectual property rights in medical research. All research should be publicly funded, all testing and analyses done by public agencies, and all research results publicly owned. Most countries in... (shrink)

Concerns have been voiced about the ethical implications of patenting practices in the field of biotechnology. Some of these have also been incorporated into regulation, such as the European Commission Directive 98/44 on the legal protection of biotechnological inventions. However, the incorporation of ethically based restrictions into patent legislation has not had the effect of satisfying all concerns. In this article, we will systematically compare the richness of ethical concerns surrounding biotech patenting, with the limited scope of ethical concerns (...) actually addressed in the patent system. As sources of our analyses we will use literature and document studies and a survey with important stakeholders and experts related to Norwegian patenting in the aquacultural biotechnology sector. We will structure the analyses with an ethical matrix, developed for this purpose. Showing the misalignment of the discussions within and outside the patent system, we suggest that an important reason for the ethical controversy still surrounding patenting is that ethical questions keep being framed in a narrow way within the system. Until a richer set of ethical considerations is addressed head-on within the patent system, the patent system will continue to evoke academic and interest group criticism, potentially contributing to a legitimacy crisis of the whole system. (shrink)

This article discusses the emergence of a patenting culture in university science. Patenting culture is examined empirically in the context of the increasing commerciali zation of science, and theoretically within debates over scientific "credibility." The article explores the translation of academic credit into patents, and vice versa, and argues that this process raises new questions for our understanding of scientific recognition and of scientists' networks. In particular, the analysis suggests that scientists must move between two distinct social worlds to (...) manage the rewards that academic and patent cultures carry. (shrink)

Whether, and to what degree, do patents granted on human genes cast a shadow of uncertainty over genomics and its applications? Will owners of patents on individual genes or clusters of genes sue those performing whole-genome analyses on human samples for patent infringement? These are related questions that have haunted molecular diagnostics companies and services, coloring scientific, clinical, and business decisions. Can the profusion of whole-genome analysis methods proceed without fear of patent infringement liability?Whole-genome sequencing is proceeding apace. (...) Academic centers have been performing whole-genome and -exome sequencing in research for at least five years, and academic clinical laboratories with national reach have been doing sequencing for clinical applications for almost as long. Companies have also been offering WGS and WES as a clinical service for a few years now. So far as we know, no one has been sued for infringement of “gene patents” for performing WGS. (shrink)

Universities are regarded as key institutions in the knowledge economy. Traditionally, the concept of scientific progress has been linked with an ideal of free and open dissemination of scientific information.At present, however, there is a growing strain to cash in the commercial potential created by academic research, and to regard academic knowledge as targets for opportunities for creating income. The major question is how to reconcile the traditional academic mission of knowledge production and science sharing with the (...) current trend towards knowledge protection and appropriation through patenting. In balancing the sharing and shielding of knowledge, two major sets of measures should be contemplated.A first set of measures aims at safeguarding individual and collective research from the harm patents might have on research practice and scientific conduct, and at cautiously watching potential conflicts of interest. The appointment of an ombudsperson for science, a mandatory system of whistle blowing, a code of conduct, and a set of conflict-of-interest guidelines are explored as helpful instruments in this regard.A second set of tools aims at designing institutional strategies to balance the ethos of sharing and profit maximalisation through patents. Public patents, open access patents, and two-tiered patent license strategies are examined in order to find a new balance in the growing conflict between private and public knowledge with which contemporary universities are faced. (shrink)

It is generally accepted that patents are a driving force for innovation through research and development. But the university's involvement in patenting is problematic as well. In particular, it is in tension with the idea of a university itself. If patents entail a restriction on the accessibility of the scientific knowledge that has been patented, and if the main purpose of universities is to produce and disseminate knowledge to the public, then, there is a tension: when universities patent their (...) research innovations, they are making the scientific knowledge they produce less accessible to the public. The paper argues that university patenting contradicts the very idea of a university as an institution whose mission is fundamentally to disseminate the knowledge it produces to the public. The practice of university patenting involves an un-academic attitude thus: by inciting an attitude towards knowledge that is not consistent with the proper attitudes and goals of a university, university patenting hurts university's integrity. (shrink)

Intellectual property can be an important asset for academic institutions. Good data management practices are important for capture, development and protection of intellectual property assets. Selected issues focused on the relationship between data management and intellectual property are reviewed and a thesis that academic institutions and scientists should honor their obligations to responsibly manage data.

At a time when neoliberalism and financial austerity are together encouraging academic scientists to seek market alternatives to state funding, this essay investigates why, a century ago, their predecessors explicitly rejected private enterprise and the private ownership of ideas and inventions available to them through the patent system. The early twentieth century witnessed the success of a long campaign by British scientists to persuade the state to assume responsibility for the funding of basic research : their findings would (...) enter the intellectual commons; their rewards would be primarily reputational . The essay summarizes recent research in three separate fields of British technoscience—electricity, aviation, and agricultural botany—all of which were laying claim, at this time, to a heightened commercial or military importance that raised new questions about the ownership of scientific ideas. It suggests that each of the three established an idiosyncratic relationship with the patent system or with other forms of “intellectual property,” which would both influence their emergent disciplines and affect the extent to which commercial enterprise could remain a viable funding strategy. (shrink)

The ArgumentSoon after finishing his studies in 1900, Einstein makes a tactical retreat to the Patent Office in Bern where he develops a plan for returning to the academic fold. He is assisted in this by a central figure in the Zurich establishment, Alfred Kleiner, who grooms him for the return. More generally, I argue that Einstein's role in the emergence of theoretical physics as a discipline results from the interaction of two developments, one external and institutional, the (...) other internal and personal. Certain institutional constraints influence Einstein's early academic career by providing a professional opportunity to which he can adjust his career plans. The existence of this professional context for Einstein's early work in physics plays a role in encouraging him to pursue the speculative work in physics that became his distinctive hallmark. The other side of the coin is that Einstein's personal legitimation as professor of theoretical physics in 1909 also confers legitimacy on his speculative research, which in turn infuses the term “theoretical physics” with new meaning. The key factor uniting Einstein's personal development with institutional opportunities is the special relationship that he enjoys with Kleiner, who serves as the focus of interactions between the external and internal developments described in the paper. (shrink)

This article examines some of the controversial issues emerging from the privatization of biomedical research and commercialization of biotechnology. The aim is to identify the dominant social, political, and ethical risks associated with the recent shift from academic to corporate science and from the increasing emphasis on investing in research projects that will result in the award of a monopoly patent. Identifying these risks may ultimately assist policy makers in designing new policies or reforming existing practices that will (...) come closer to achieving an equitable balance between science pursued for the advance of knowledge and science pursued for patents and profit. The discussion may also assist the research directors or managers of biopharmaceutical companies in designing corporate policies that will optimize the balance between the serendipity of scientific discovery and the discipline of strategic business planning. (shrink)

This study analyses the patenting activities of university science and engineering professors in Canada between 1920 and 1975. Unlike most studies on commercial activities in academia, which typically focus on the post-1980 period and on university practices, we focus on the pre-1980 period and on the individual decisions of professors to patent their inventions. Based on quantitative patent data, we show that patenting, and thus professors’ interest in the possible commercial value of their scientific discoveries made in university (...) laboratories, was relatively common on an individual and informal basis well before the 1980s and the advent of what is now called “academic capitalism”. This contradicts the belief that before that period, universities were a kind of ivory towers in which professors isolated themselves from external influences and engaged only in pure and disinterested research. (shrink)

In 1973-1974 Stanley N. Cohen of Stanford and Herbert W. Boyer of the University of California, San Francisco, developed a laboratory process for joining and replicating DNA from different species. In 1974 Stanford and UC applied for a patent on the recombinant DNA process; the U.S. Patent Office granted it in 1980. This essay describes how the patenting procedure was shaped by the concurrent recombinant DNA controversy, tension over the commercialization of academic biology, governmental deliberations over the (...) regulation of genetic engineering research, and national expectations for high technology as a boost to the American economy. The essay concludes with a discussion of the patent as a turning point in the commercialization of molecular biology and a harbinger of the social and ethical issues associated with biotechnology today. (shrink)

Explanations of productivity differences between men and women in science tend to focus on the academic sector and the individual level. This article examines how variation in organizational logic affects sex differences in scientists' commercial productivity, as measured by patenting. Using detailed data from a sample of academic and industrial life scientists working in the United States, the authors present multivariate regression models of scientific patenting. The data show that controlling for education- and career-history variables, women are less (...) likely to patent than men. However, in biotechnology firms—industrial settings characterized by flatter, more flexible, network-based organizational structures— women scientists are more likely to become patent-holding inventors than in more hierarchically arranged organizational settings in industry or academia. The authors discuss how the organization of scientists'work settings may influence enduring disparities between men and women in science and the implications of these findings for future work. (shrink)

Is the market civilizing or destructive? The increased salience of science commercialization is forcing scientists to address this question. Benefiting from the sociology of morality literature’s increased attention to specific kinds of morality and engaging with economic sociology’s moral markets literature, we generate competing hypotheses about scientists’ value-driven attitudes toward patenting. The Civilizing Market thesis suggests scientists who prioritize universalism will tend to support patenting. The Destructive Market thesis, by contrast, suggests universalism will be correlated with opposition to patenting. We (...) analyze survey data from biologists and physicists nested within academic organizations, which are nested within the following regions: France, Hong Kong, India, Italy, Taiwan, Turkey, UK, and the USA. Employing multilevel analysis, we find correlational evidence to support the Destructive Market thesis. Universalism is associated with anti-patenting attitudes, suggesting scientists expect patenting to have deleterious effects on science and society. We end with a discussion of this article’s implications for the moral markets literature, sociology of morality and business ethics. (shrink)

Thomas Pogge has recently argued that the way in which research and development of essential medicines is incentivized, under existing World Trade Organization rules, should be supplemented with an additional incentivizing mechanism. One might hold a stronger view than the one that Pogge currently holds, namely that patent rights for essential medicines are morally unjustified per se. Throughout this paper, ‘the strong view’ refers to this view. The strong view is one that enjoys considerable support both within and outside (...) the academic community. This paper critically discusses one specific argument in favor of the strong view. This argument is named the ‘Poggean argument’. This denominator is appropriate because a number of the essential premises of the argument are constituted by propositions that Pogge at some point has defended. The Poggean argument is valid, and defenders of the strong view also have some grounds for believing that the argument is sound. This belief comes, however, with what is arguably a too high cost, namely that the global institutional order becomes very demanding on taxpaying citizens of high-income countries if it is to be just. One may find acceptance of this cost relatively unproblematic, but this cost is, it is argued, unacceptable to anyone who has views on distributive justice that are sympathetic to the core tenets of libertarianism. (shrink)

This paper examines the potential pitfalls for academic research associated with goal displacements in the implementation of goals and indicators of research commercialization. We ask why patenting has come to serve as the key policy indicator of innovative capacity and what consequences this has for the organization of academic research. To address these questions, the paper presents a case study from Denmark on, firstly, why and how the 1999 Danish ‘Act on Inventions’ introduced patenting as a central instrument (...) to Danish science policy and, secondly, the effects the Act has had on Danish university organization and research practices. We trace why and how commercialization was introduced as an important objective in Danish science policy since the 1980s. The increased focus on patents is explained as an isomorphic adjustment to an international ‘science policy field,’ manifested in particular through OECD statistics, where patenting has come to serve as a key metric in international rankings. In a second step, we examine what effects the patenting requirements have had on organization and research practice at a Danish university. We show that in practice ‘number of patents’ changed from serving as an indicator of innovative capacity to being a policy goal in itself, thus in effect producing a goal displacement that is potentially damaging for both academic research and innovation capacity of the surrounding society. As a consequence of this goal displacement, active scientists now increasingly engage in patenting primarily as a means to fulfill organizational targets and to increase their ‘fundability,’ rather than to promote commercial applications of their research. In conclusion, we discuss how these unfulfilled policy ambitions have led to a retrospective redefinition of policy goals rather than an adjustment of the actual policy tools. (shrink)

There was a time, in the late 1970s and 1980s, when great feats were expected of recombinant DNA biotechnology, some verging on the miraculous. According to both business enthusiasts and sober analysts like the U.S. Congressional Office of Technology Assessment, the new techniques of gene splicing would not only lift the drug industry out of its deep scientific and economic rut (characterized by long-declining introduction rates of genuinely novel medicines), but rejuvenate the American manufacturing sector (Chase 1979; Chemical Week 1987; (...) OTA 1984). Once freed by policy interventions to promote academic-industry collaboration, such as the 1980 Bayh-Dole Act, lifesaving drugs locked up in ivory towers would .. (shrink)

Protection of intellectual property as well as its exploitation for monetary benefit have existed for centuries. However, commercialization of intellectual property had not entered the precincts of academic universities in a significant way until the introduction of the Bayh–Dole Act in the 1980s in the United States. The post–Bayh–Dole era has seen a quantitative increase in patenting activity in universities. This article summarizes the ethical conflicts ushered in by increasing commercialization of academic university research. Activities related to the (...) protection and commercial exploitation of intellectual property have led to changes in academic culture that have given room for debate between the puritans and the modernists. Issues contended by the two groups have been identified, and both sides of the argument are discussed. The key to achieving “responsible commercialization of research” is to balance the Bayh–Dole ethos with the traditional Mertonian norms of academic research. (shrink)

This paper delves into the historical development of recombinant DNA technology, examining the pivotal controversies surrounding public health and commercialization that emerged with the prospect of gene cloning in the 1970s. The analysis will focus on the recombinant DNA experiments planned, conducted, and aborted by Janet Mertz and John Morrow, two graduate students at Paul Berg’s Laboratory at Stanford University. Their experiments, as I show, served as catalysts for both fear and excitement within the biomedical research community and beyond. This (...) paper begins by reconstructing in some respects Mertz’s and Morrow’s investigative pathways, their contributions to technical developments in gene cloning, and their youthful perspectives on genetic engineering. While Mertz’s initial experimental plan led to the establishment of the Asilomar I Conference in 1973, Morrow’s subsequent cloning experiment, in collaboration with Stanley Cohen and Herbert Boyer, played a crucial role in shifting scientific and public sentiments around recombinant DNA, intensifying the tension between safety concerns and commercial aspirations before, during, and especially after the more famous Asilomar II Conference of 1975. The latter part of this paper briefly examines the commercial fate of early gene cloning within the context of the complex interplay between scientific advancements, societal and public health concerns, and proprietary interests that culminated in Genentech’s cloning of the artificial insulin gene. This paper concludes by discussing how concerns about responsible research practices and biosafety regulation were by the late 1970s increasingly overshadowed by critiques concerning the impact of regulations and academic patenting on scientific competition and laboratory culture. (shrink)

Advocates, activists, and academics have criticized pharmaceutical intellectual property ("pharma IP") rights as obstacles to access to medicines for the global poor. These criticisms of pharma IP holders are frequently exceptionalist: they focus on pharma IP holders while ignoring whether others also bear obligations to assist patients in need. These others include holders of other lucrative IP rights, such as music copyrights or technology patents; firms, such as energy companies and banks, that do not rely on IP; and wealthy private (...) individuals. Their resources could be used to aid patients by providing direct medical assistance, funding prizes or biomedical research, or purchasing pharmaceutical patents and granting rights to the disadvantaged. -/- After identifying this exceptionalism, this Article evaluates several arguments in its defense. These are that pharma IP holders are unique in (1) owning what poor patients need, (2) being in special proximity to these patients, (3) being able to assist at low cost to themselves, (4) having a professional duty to help these patients, or (5) being implicated by their past conduct in these patients' plight. It concludes that none of these arguments are compelling: while IP holders have a duty to help, this duty is not fundamentally different from the duties others owe. -/- Even though this project criticizes exceptionalism, it does not absolve pharma IP holders of duties to help the sick. Rather, it argues that spreading the costs of aiding patients in need across a greater number of market actors, via publicly funded "pull" programs like prizes and patent buyouts or "push" programs like grants, would be preferable. So would allowing pharmaceutical firms to seek contribution from others who are able to help. However, if others cannot be held to account, imposing burdens on pharma IP holders can be justified in order to promote global health: treating wealthy firms arbitrarily is preferable to ignoring the urgent needs of the global poor. (shrink)

This chapter looks at the role that academics have come to play in the developing world as consultants, educators, and practitioners. Universities and academics stand to profit enormously from these activities and, despite the vulnerability of people in developing countries, and the potential influence that academics from elite universities can have, there is little to no monitoring or accountability. Academics who may have conflicts of interest, such as financial interests in patented technologies, which they recommend to developing countries, currently are (...) not required to disclose the conflict. The author suggests transparency, possible fiduciary duties, and greater emphasis on strengthening the academy of developing countries. (shrink)

Contemporary academic interest in the human body is a response to fundamental changes in the relationship between body, economy, technology and society. Scientific advances, particularly new reproductive technologies and therapeutic cloning techniques, have given the human body a problematic status. Ageing, disease and death no longer appear to be immutable facts about the human condition. The emergence of the body as a topic of research in the humanities and social sciences is also a response to the women's and gay (...) liberation movements, and environmentalism, animal rights, anti-globalism, religious fundamentalism and conservative politics. Further, the human body is now central to economic growth in various biotechnology industries, in which disease itself has become a productive factor in the global economy and the body a code or system of information from which profits can be extracted through patents. In modern social theory, the body has been studied in the contexts of advertising and consumerism, in ethical debates about cloning, in research on HIV/AIDS, in postmodern reflections on cybernetics, cyberbodies and cyberpunk, and in the analysis of the global trade in human organs. The body is a central feature of contemporary politics, because its ambiguities, vulnerability and plasticity have been amplified by new genetic technologies. (shrink)

Ongoing research in the fields of genetics and biotechnology hold the promise of improved diagnosis and treatment of genetic diseases, and potentially the development of individually tailored pharmaceuticals and gene therapies. Difficulty, however, arises in determining how these services are to be evaluated and integrated equitably into public health care systems such as Canada's. The current context is one of increasing fiscal restraint on the part of governments, limited financial resources being dedicated to health care, and rising costs for new (...) health care services and technologies. This has led to increasing public debate in the last few years about how to reform public health care, and whether we should prohibit, permit or perhaps even encourage private purchase of health care services. ;In Canada, some of these concerns have crystallized around the issue of gene patents and commercial genetic testing, in particular as illustrated by the case of Myriad Genetics' patented BRACAnalysis test for hereditary breast and ovarian cancer. While most Canadians who currently access genetic services do so through the public health care system, for those with the means, private purchase is becoming an option. This situation raises serious concerns---about justice in access to health care; about continued access to safe and reliable genetic testing supported by unbiased patient information; and about the broader effects of commercialization for ongoing research and the Canadian public health care system. Commercial genetic testing presents a challenge to health care professionals, policy analysts, and academics concerned with the social, ethical and policy implications of new genetic technologies. Using the Myriad case as an exemplar, tools from moral philosophy, the social sciences, and health policy and law will be brought to bear on the larger issues of how as a society we should regulate commercial research and product development, and more coherently decide which services to cover under public health insurance and which to leave to private purchase. Generally, the thesis is concerned with the question of "how best to bring capital, morality, and knowledge into a productive and ethical relationship". (shrink)

The first stage of the human embryonic stem(ES) cell research debate revolved aroundfundamental questions, such as whether theresearch should be done at all, what types ofresearch may be done, who should do theresearch, and how the research should befunded. Now that some of these questions arebeing answered, we are beginning to see thenext stage of the debate: the battle forproperty rights relating to human ES cells. The reason why property rights will be a keyissue in this debate is simple and (...) easy tounderstand: it costs a great deal of money todo this research, to develop new products, andto implement therapies; and private companies,researchers, and health professionals requirereturns on investments and reimbursements forgoods and services. This paper considersarguments for and against property rightsrelating to ES cells defends the followingpoints: (1) It should be legal to buy and sellES cells and products. (2) It should be legalto patent ES cells, products, and relatedtechnologies. (3) It should not be legal tobuy, sell, or patent human embryos. (4) Patentson ES cells, products, and related technologiesshould not be excessively broad. (5) Patents onES cells, products, and related technologiesshould be granted only when applicants statedefinite, plausible uses for their inventions. (6) There should be a research exemption in EScell patenting to allow academic scientists toconduct research in regenerative medicine. (7)It may be appropriate to take steps to preventcompanies from using patents in ES cells,products, and related technologies only toblock competitors. (8) As the field ofregenerative medicine continues to develop,societies should revisit issues relating toproperty rights on a continuing basis in orderto develop policies and develop regulations tomaximize the social, medical, economic, andscientific benefits of ES cell research andproduct development. (shrink)

With closer interactions between academic and commercial entities the role of the university is expanding to also include knowledge transferIn the biomedical and health sciences, close interactions between academic and commercial entities are now common place. Funds from pharmaceutical and biotechnology companies have helped finance major bioscience projects and research centres, graduate students are receiving training in commercial laboratories, and university scientists are translating their ‘intellectual property’ by patenting their research and launching start-up companies. And this is happening (...) with the blessing of universities, who see the commercialisation of research – and the royalties brought in from ‘technology transfer’ – as part of their new mission.The result is that no longer are universities simply places of higher learning, where academics are dedicated to teaching and research, traditionally the ‘first’ and ‘second’ missions of universities; universities now have a ‘third’ mission, to engage in knowledge transfer. Governments and research-intensive industries, are keen to translate university research into marketable products. Facilitated by policies and laws to protect intellectual property rights and aid commercialisation, universities are transforming into ‘entrepreneurial’ institutions.1 University administrators seek to generate new funding streams, while governments see universities as drivers of technology development and economic growth. In such a climate, it should not be surprising that researchers in many disciplines are facing pressure to collaborate …. (shrink)

The discussion concerning the patenting of academic knowledge is already closed for many people. It has become a type of credo, solemnly intoned at all levels: universities must commercially valorize the knowledge that they generate as extensively as possible.The public means that are reserved for universities can never increase at the same rate as the mounting costs for highly specialized research. So universities, if they want to work at the top level, must increasingly appeal to private resources. Universities are (...) increasingly forced to aim at contract research, sponsorships, commercialised service, the patenting of technical findings, and spin-offs: Cash for knowledge!The pressure for the unfettered commercialisation of academic knowledge does not only come from within the universities. The message also comes from the politicians and those who are committed to economic prosperity. They argue that the commercialisation of intellectual property contributes to new employment because it makes new industrial developments possible and reinforces the competitiveness of ventures. They make it seem that universities form the motor of the knowledge economy.In a country without considerable natural resources and with extremely high personnel costs, innovation is of vital importance. Few convictions are equally as expressly avowed at so many differing forums. The direction of the march seems clear.It was once different. The knowledge that was acquired, deepened, preserved, and transmitted within the universities was not for sale. In fact, its sale could present difficulties because academic knowledge has never answered to the properties of a marketable thing. Use does not deplete knowledge and if you consider it your mission to bring to light knowledge, you do not want to exclude anyone from making use of it.Academic knowledge could thus not be an object of trade, at least so long as nobody was intent on keeping that knowledge secret, and so long as nobody appealed to regulations, whereby one could restrict the legal use of that knowledge. Today neither of these strategies are taboo within academic centres. The patenting of all forms of qualifying knowledge is even encouraged.A patent assumes, on the one hand, that one makes public the knowledge upon which a technique rests, while one, on the other hand, can grant use of that technique exclusively to who one gives a licence, whether or not for a fee. This system is put forth as attractive for all parties. The researchers can keep up with technical details, and the entrepreneur can commercialise the finding. Everyone is happy.Or perhaps not? Are there reasons to be concerned that universities must increasingly submit themselves to the laws of the market? Are there arguments for evaluating academic performance differently than the performance of entrepreneurs? Must one regret that knowledge is commercialised as much as possible?The proponents of the commercial orientation point out that all kinds of new incentives will give a new impetus to the old academic system and will increase the relevance of academic research. They seem to dismiss resistance to the renewal as a nostalgic outpouring of a privileged group that used to have it too good, a group that for too long knew to retreat too safely back into a series of unworldly problems.The opponents of the economically oriented approach fear that the proper character of the academic mission will be lost. They fear that the loss of academic autonomy will make the specific function that a university fulfils within society impossible. In what sense?In our society, there is not one type of sphere, and there is not one valid set of standards, the basis upon which performances are evaluated, functions are judged, or objectives commended. There are strongly divergent spheres and each have their own specific function. The laws that apply in one sphere do not necessarily have authority in another sphere, and the standards that apply in one sort of relationship often have little or no meaning in another relationship.Each sphere recognises its own standards and answers to its own system of exchange for compensation, approval, and recognition. What applies in the sphere of law does not necessarily apply in the sphere of someone’s personal friendships, or is not applicable among family members. What applies in trade does not necessarily apply in the sphere of art.Even more, things go wrong when the autonomy of these spheres is not respected. Within the domain of art, love and friendship, monetary laws are not valid, at least in a healthy situation. That is not to say that the rules that apply within the free market would be wrong or unethical – far from it. It seems self evident that these laws are valid under the condition that they apply in the environment to which they belong, and that one respects these limits.This applies for all spheres. It would be unjust if one would apply the standards of friendship to the spheres of jurisprudence or education. Manifestly, it seems self evident not to define justice as a univocal principle that must be extended with the same consistency in every type of sphere. Rather, it is just to respect the individual character of the normative relationship that applies in the diverse spheres of life, and to prevent one sphere from colonising another.Justice assumes that one prevents the political sphere from stipulating what must be said, or concealed, within the academic sphere. Academics must answer alone to that which is expected of them within the academic sphere. Political pressure may exert no influence on this. Why cannot one say the same about economic pressure?Do we run the risk that the economic sphere will colonise the academic sphere just as the economic sphere previously colonised the sphere of media? What must one imagine in this supposed risk? In what sense should economic laws threaten the academic sphere?In the academic sphere, it is traditional to follow one’s own interests and investigate anything whatsoever without having to ask if this knowledge is useful for something or how the fruits of this research fit within the economic context. The academic search for a better understanding of everything has an unconditional character.The manner in which researchers evaluate the performance of each other seldom has to do with the economic effects that their findings have, but with their reliability, the meticulousness with which they were checked, the scrupulousness with which the sources were collected, and the honesty with which they were communicated. The function of the academic is to collect and refine knowledge, and to bring to light the truth.By doing so, universities offer a type of foot-hold within society. They make it possible that a place exists where one can be obedient to what lets itself appear most truthfully today. Nobody has to fear, at least as long as the autonomy of the academic sphere is respected, that the communication of a particular subject was rhetorically coloured in function of a commercial interest, was applied according to the wishes of the sponsor, was brought into conformity with what was agreed upon by the financiers, or answered to the demands of a patent.It is possible that the influence of the commercial sphere shall be less dramatic than pessimistic academics imagine, but nothing indicates the opposite. Today we are giving a new strategy power, and nobody knows how the magician’s apprentice will bring it off.This forms the context of the questions that we shall try to answer together this number of Ethical Perspectives, and we will restrict our discussion to patents. We are aware that the discussion about patents illuminates just one part of the problems, which have to do with the relation of the worlds of academia and commerce. But there is a reason for confining oneself to an aspect of this problematic relationship. If one were to broaden the scope of inquiry further, one would risk missing the complexity of the subject matter already covered, and be consigned to a far too general and aimless debate.We have brought together a number of specialists, jurists, ethicists, and people with practical experience with the field. They shall introduce us into the problematic, confront us with their points of view, and help to answer our questions: Are there moral limits to the patenting of academic knowledge? Is patenting always the most efficient strategy? Does not perhaps the university sell its soul if it gradually leaves itself subject to the laws of the market?We will begin by asking how in particular a university should proceed with the patenting of knowledge. Modern universities were inspired by the ideals of the Enlightenment, which was characterised by the open distribution of unselfishly pursued knowledge.The privatisation and commercialisation of knowledge would seem to conflict with this traditional vision. Jürgen Mittelstrass and Bart Pattyn provide a theoretical and historical basis for protecting the autonomy of university research from the corrupting aspects of the market economy.But, are there reasons for giving up the traditional outlook? Few or no universities have not chosen to patent discoveries, but how is one to proceed within the framework of the university, once one has obtained patent protection? Can one pursue a policy of using these protected intellectual rights to secure the fruits of knowledge for financially weaker groups, or do circumstances compel the universities to be exclusively driven by market forces?Those are the kinds of questions that Gilles Capart and Geertrui Van Overwalle of the KU Leuven will deal with.Sigrid Sterckx of the university of Ghent will answer the question: can patents be morally justified?Paul Belleflamme of the Université Catholique de Louvan La Neuve writes concerning the economic evidence of patents, and the real effect of incentives. Are there any economic facts that can demonstrate the effectiveness of patenting?Then we give the floor to Christopher May of the University of Lancaster, who looks at the question of how universities have to deal with the global information society. (shrink)

The commodification of science—often identified with commercialization, or the selling of expertise and research results and the “capitalization of knowledge” in academia and beyond—has been investigated as a threat to the autonomy of science and academic culture and criticized for undermining the social responsibility of modern science. In From Commodification to the Common Good, Hans Radder revisits the commodification of the sciences from a philosophical perspective to focus instead on a potential alternative, the notion of public-interest science. Scientific knowledge, (...) he argues, constitutes a common good only if it serves those affected by the issues at stake, irrespective of commercial gain. Scrutinizing the theory and practices of scientific and technological patenting, Radder challenges the legitimacy of commercial monopolies and the private appropriation and exploitation of research results. His book invites us to reevaluate established laws and to question doctrines and practices that may impede or even prohibit scientific research and social progress so that we might achieve real and significant transformations in service of the common good. (shrink)

Ethics in scientific research has never been more important. Recent controversies over the integrity of data in federally funded science, the manipulation and distortion of privately sponsored research, cloning, stem cell research, and the patenting of DNA and cell lines, illustrate the need for a more thorough education in ethics for researchers at all levels. Now in its second edition, Responsible Conduct of Research provides an introduction to many of the social, ethical, and legal issues facing scientists today. The fully (...) updated volume includes three brand new chapters and additional cases for discussion, as well as analysis of the latest issues and problems in research ethics. Featuring chapters that treat such topics as ethical decision-making, research misconduct, and intellectual property, this new edition will be an indispensable resource for students and teachers, academics and industry professionals alike. (shrink)

This essay addresses directions for the Social Issues in Management (SIM) Division from the perspective of “Back to the Future.” The author was chair of the SIM Division in 1983 to 1984 and the 1989 recipient of the SIM Division’s Sumner Marcus Distinguished Service Award. The essay reviews the general history of SIM during the 1960s and 1970s in which the University of California, Berkeley, played a key role in organizing conferences. The author explains his approach as an applied empiricist (...) to research concerning SIM. The essentials are power, legitimacy, responsibility, rationality, and values, and understanding how they impact the ongoing day-to-day interactions within, between, and among business organizations, their leadership, and other sectors of society. SIM is a field of diverse inquiry which has been the recipient of perspectives and persons drawn not only from multiple disciplines, particularly from the social sciences, law, and management, but also from the humanities and sciences. SIM is patently multi- and inter-disciplinary. (shrink)

Offers a glimpse into the world of science and technology between 1950 and 1990 as seen through the eyes of a mathematician, and debunks various myths of scientific philosophy. Portrays some of the great scientific personalities of the period, including Stanislav Ulam, who patented the hydrogen bomb, and Jack Schwartz, one of the founders of computer science. Also discusses phenomenology of mathematics, and philosophy and computer science. Includes book reviews. For students and academics. Annotation copyright by Book News, Inc., Portland, (...) OR. (shrink)

Although the push to get universities to accumulate IP by commercializing their scientific research was a conscious movement, dealing with the blowback in the form of contracts over the transfer of research tools and inputs, called materials transfer agreements (MTAs), was greeted by universities as an afterthought. Faculty often regarded them as an irritant, and TTOs were not much more welcoming. One reason universities could initially ignore the obvious connection between the pursuit of patents and the prior promulgation of MTAs (...) was a legalistic distinction made between intellectual property and contract law, which of course is of direct concern to a lawyer, but should be less compelling for anyone trying to understand the big picture surrounding the commercialization of academic science. However, as a subset of scientists were increasingly drawn into the commercial sphere, they tended to attach MTAs to research inputs requested by other academics; and this began a tidal wave of MTAs which shows no sign of abating. Furthermore, many IP-related restrictions have been loaded into individual MTAs, including the stipulation that the existence and content of MTAs themselves be treated as secret and proprietary. The paper closes by looking at recent arguments that the growth of MTAs has not actually harmed the research process, and rejects them. (shrink)

Over the past two decades, Victor and Cullen's (Adm Sci Q 33:101-125, 1988) typology of ethical climates has been employed by many academics in research on issues of ethical climates. However, little is known about how managerial practices such as communication and empowerment influence ethical climates, especially from a functional perspective. The current study used a survey of employees from Taiwan's top 100 patent-owning companies to examine how communication and empowerment affect organizational ethical climates. The results confirm the relationship (...) between these two managerial practices and organizational ethical climates. We discuss our results and their implications for both future academic research and practice. (shrink)

The existing literature on the development of recombinant DNA technology and genetic engineering tends to focus on Stanley Cohen and Herbert Boyer's recombinant DNA cloning technology and its commercialization starting in the mid-1970s. Historians of science, however, have pointedly noted that experimental procedures for making recombinant DNA molecules were initially developed by Stanford biochemist Paul Berg and his colleagues, Peter Lobban and A. Dale Kaiser in the early 1970s. This paper, recognizing the uneasy disjuncture between scientific authorship and legal invention (...) in the history of recombinant DNA technology, investigates the development of recombinant DNA technology in its full scientific context. I do so by focusing on Stanford biochemist Berg's research on the genetic regulation of higher organisms. As I hope to demonstrate, Berg's new venture reflected a mass migration of biomedical researchers as they shifted from studying prokaryotic organisms like bacteria to studying eukaryotic organisms like mammalian and human cells. It was out of this boundary crossing from prokaryotic to eukaryotic systems through virus model systems that recombinant DNA technology and other significant new research techniques and agendas emerged. Indeed, in their attempt to reconstitute 'life' as a research technology, Stanford biochemists' recombinant DNA research recast genes as a sequence that could be rewritten thorough biochemical operations. The last part of this paper shifts focus from recombinant DNA technology's academic origins to its transformation into a genetic engineering technology by examining the wide range of experimental hybridizations which occurred as techniques and knowledge circulated between Stanford biochemists and the Bay Area's experimentalists. Situating their interchange in a dense research network based at Stanford's biochemistry department, this paper helps to revise the canonized history of genetic engineering's origins that emerged during the patenting of Cohen-Boyer's recombinant DNA cloning procedures. (shrink)

Although the recent push toward sustainability is certainly generally a positive development in business and society, we can see many problems in the execution of the theory of sustainability. Where the triple bottom line calls on companies to weigh effects on stakeholders and the environment alongside profit, in practice in many cases, sustainability has been perverted to represent sustainable profits. In these cases, environmental impact and effects on people are only important insofar as they positively contribute to a firm‘s future (...) profits. It is not only practitioners who have often espoused this misappropriated view of sustainability but also academics have lent credibility to this view. In this work, we start by criticizing the often espoused current view of sustainability and remind academics of their responsibility to adapt a more critical view of this narrow focus. We provide examples that show how the current system of capitalism has resulted in outcomes for people and the environment that are patently unacceptable. Reasons are given as to why there is much hesitation to change the status quo. We then call on academics to reexamine what the role of businesses should be within society, what obligations business and corporations should have in society, and how we can encourage meaningful change that results in a better world for future generations. (shrink)

‘The Debauched Commons: A Dark Parable’ summarizes issues regarding intellectual property rights and immaterial culture through a nuanced reading of how First Nations Peoples worldwide have been forced by forms of neoliberal-capitalist exploitation of the knowledge commons to ring-fence and/or commodify their lived traditions, in many cases dating back 100,000 years and clearly predating any and all Western (First World) concepts of ownership. The intention of the structuralist-inspired reading of this enforced defensive position is to emphasize and clarify issues concerning (...) prior art and moral rights, two of the most ambiguous and gamed elements of copyright and patent law. Drawing upon the international context of the _Declaration on the Rights of Indigenous Peoples_ (2007) and the _Convention for Safeguarding Intangible Heritage_ (2003), this essay will focus, in part, on the travails of Aboriginals in Australia as representative of First Peoples worldwide and their long-exploited and long-expropriated traditions, inclusive of land, but foremost _lived knowledge_, but also their often compromised position _vis-à-vis_ various Australian state and Commonwealth legislation concerning recognition of their copyright, moral rights, and intellectual property rights. In this complex dance between tradition, heritage, and law, the so-called public domain often also becomes a de facto warehouse for the eventual conversion of intangible rights to collectively held and stored cultural property, which is then leveraged and/or converted to cultural capital by both public institutions and private companies. The primary premise of the analytic to be applied is that commodification of knowledge is more or less co-equal to the digitization of culture and the regimes of expropriation and/or outright theft associated with platform cultures. Platform culture, in turn, implicates otherwise benign, or apparently benign institutions (for example, academia and the art world) claiming to advance understanding and resolution of the twin nemeses of post-contemporary cultural politics—diversity and justice. The subtle machinations of what has come to be called the art-academic industrial complex will thus be analyzed for implicit and explicit practices that are reducible to the appropriation of native rites and rights, and laws and lores, for self-serving reasons inclusive of radical-chic posturing and politically correct tokenism. (shrink)

Artists and humanists who work in universities are generally ambivalent about the idea of defending their enterprises in terms of social utility: on the one hand they do not want to claim that the Arts and Humanities are such exalted and selfjustifying endeavors that no one need bother explainingwhy such things are worth pursuing, yet on the other hand they are rightly skeptical that cost-benefit analyses of academic labor will do justice to disciplines devoted to the varieties of human (...) cultural expression rather than to the research and development of patentable forms of knowledge. This essay explores this ambivalence and suggests an alternative way of thinking about the ‘utility’ of cultural work. (shrink)

Since intelligent design (ID) advocates claimed the ubiquitous mouse trap as an example of systems that cannot have evolved, mouse trap history is doubly relevant to studying material culture. On the one hand, debunking ID claims about mouse traps and, by implication, also about other irreducibly complex systems has a high educational value. On the other hand, a case study of mouse trap history may contribute insights to the academic discussion about material culture evolution. Michael Behe argued that mouse (...) traps cannot trap mice with any part missing; therefore, they cannot have a precursor with one part less, therefore, cannot have a continuous history, and therefore, cannot have evolved. The patented and seminal precursor of current flat snap traps, however, had one part less, because spring and striker were formed of one wire. Secondly, historical records that reach back into the Bronze Age suggest that its history continued for a very long time. Thirdly, all prerequisites for evolution (variation, transmission, and selection) abound in mouse trap populations. Hence, Behe’s triple-jump conclusion about mouse traps is false each step. There is no, in principle, impossibility for mouse traps to evolve. An evolutionary account of mouse trap history also has academic merits beyond its educational value. Three important conclusions can be drawn: (1) reticulate phylogenies of artifact systems may be resolvable as overlapping, but branching, phylogenies of parts; (2) homologous ideas may be realized by analogous material, that is, phylogenies of information do not necessarily coincide with those of material parts; (3) recombination of parts between different artifact systems increases the cumulative nature of cultural evolution. (shrink)

In this article, written for the generally educated reader, I summarize my latest thinking about a dilemma that I believe current theoretical reflection faces about the proper ultimate aims of a public university. Specifically, I make the following three major points: (1) On the one hand, all dominant theories of how properly to spend public resources entail that academics should not pursue knowledge for its own sake and should rather devote their energies toward promoting some concrete public good (such as (...) citizenship, justice, autonomy or the like). (2) On the other hand, that view of the academic enterprise entails patent absurdities. (3) The dilemma is best resolved by articulating a new theory of how public resources ought to be spent, one according to which the point of the state and its public institutions ought to be to _balance_ the realization of final goods. (shrink)