Issues Research Of Intellectual Property In The Open Source Biotechnology Movement

With the establishment and implementation of a number of biotechnology open sourceprojects, more and more people notice the open source biotechnology movement. Thescientists of the biotechnology borrow the concept and the open source model from the opensource software to the field of biotechnology. Now, the development is still in the exploratorystage and need to find their open source model. In this paper, the following five parts will doresearch and analysis on the intellectual property issues of the biotechnology open sourcemovement.The first part makes an overview of the biotechnology open source movement. Since thebiotechnology open source movement is just the general term for a number of initiatives,without a definition. Firstly, this paper make a definition of the open source biotechnologymovement:"in order to encourage innovation, some government’ and nonprofit groups’international initiative promote the establishment of a platform, sharing and making freelyaccessible to the raw material and research tools including the gene, genetic database, drugtargets, etc.” Then give a brief introduction of the reasons for the open source biotechnologymovement, pointing out that due to the difficulties in biotechnological research and theintellectual property system hindering subsequent development of biotechnology, leading tothe rise of the open source biotechnology movement. And then separately introduce theHapMap Project in the field of biotechnology, the Tropical initiatives in the biomedicine, theBIOS in the biological science. Finally, point that the open source biotechnology movementborrow the concept of the open source software movement, trying to establish a platform forsharing and exchanging information.The second part demonstrates the compatibility of the open source biotechnologymovement and the intellectual property system. Analysis of the mechanism of the stimulatinginnovation used by the patent system is to determine the ownership of the patent rights andgrant the exclusive rights to the motivate developers. While the goal of the open sourcebiotechnology movement is to improve the follow-up research and development, promote thefurther spread of technology and make the subsequent product commercialization. Pointed outthat the patent system is through the exclusive protection of upstream technical innovation toachieve technological innovation, while the open source system advocate full utilization ofupstream resources and encourage downstream technological innovation. Though the patentsystem is targeted at developers, the open source biotechnology movement is the follow-upinnovators. But the ultimate goal of intellectual property rights and the open source movementin biotechnology is consistent, which is to promote scientific and technological progress andsocial development of the whole society. The third part demonstrates that the open source biotechnology movement is anamendment to the intellectual property system. In intellectual property framework, describethe tragedy of the anti-commons and the patent thickets phenomenon in biotechnology.Taking the development and use of genetic databases for example, discuss the tragedy of theanti-commons appearing in the field of biotechnology. Taking the R&D and thecommercialization of biomedical industry as an example, discuss the patent thicketsphenomenon appearing in the field of biotechnology. Through these two examples, indicatethat although the patent system does play a significant role in encouraging inventors’innovation, it also brings technical obstacles to the subsequent development. Finally, point outthat the open source system does not oppose to the patent system, but makes some of theamendments on the basis of a patent.The fourth part describes the open source model of the open source biotechnologymovement. There are many models in the open source biotechnology movement，they all havemuch common features, even if choosing one of them to analyze is typical. This sectionmainly takes HapMap project as an example, interspersed with some other model introduction.Through the analysis of HapMap model, the advantages of HapMap model are: the timelyreleasing policy to enhance R&D capability; no limiting the patent application to improveR&D initiative; appropriate third-party restrictions consistent the open source’s goal. Andthen analysis the disadvantages of HapMap model: no constraint to a third-party which mayrestrict the open source; lack of clear enforcement mechanisms and appropriate relief. Finally,summary the common features of the open source model: the open source is only for opensource organizations and licensees, the full utilization of the raw material and research tools;to stimulate following technological innovation.The fifth part puts forward some suggestions about the open source model. adding theconsequences of default in the license agreement to act as a deterrent; adding secrecyprovisions to directly bound the third parties; based on tort relief of the business secrets maydeter abuse of third parties. Finally make a summary, the open source biotechnologymovement is to create a shared platform, which not only allows the researchers to obtainrewards, but also the wider public can understand and use the relevant scientific research. Themost important thing is to be able to provide effective data and tools supporting for furtherscientific research, so as to achieve the ultimate goal of promoting scientific and technologicalprogress and social development.