online prescription solutions
online discount medstore
pills online
buy lorazepam without prescription
xanax for sale
buy xanax without prescription
buy ambien without prescription
ambien for sale
buy modafinil without prescription
buy phentermine without prescription
modafinil for sale
phentermine for sale
lorazepam for sale
buy lexotan without prescription
bromazepam for sale
xenical for sale
buy stilnox without prescription
valium for sale
buy prosom without prescription
buy mefenorex without prescription
buy sildenafil citrate without prescription
buy adipex-p without prescription
librium for sale
buy restoril without prescription
buy halazepam without prescription
cephalexin for sale
buy zoloft without prescription
buy renova without prescription
renova for sale
terbinafine for sale
dalmane for sale
buy lormetazepam without prescription
nobrium for sale
buy klonopin without prescription
priligy dapoxetine for sale
buy prednisone without prescription
buy aleram without prescription
buy flomax without prescription
imovane for sale
adipex-p for sale
buy niravam without prescription
seroquel for sale
carisoprodol for sale
buy deltasone without prescription
buy diazepam without prescription
zopiclone for sale
buy imitrex without prescription
testosterone anadoil for sale
buy provigil without prescription
sonata for sale
nimetazepam for sale
buy temazepam without prescription
buy xenical without prescription
buy famvir without prescription
buy seroquel without prescription
rivotril for sale
acyclovir for sale
loprazolam for sale
buy nimetazepam without prescription
buy prozac without prescription
mogadon for sale
viagra for sale
buy valium without prescription
lamisil for sale
camazepam for sale
zithromax for sale
buy clobazam without prescription
buy diflucan without prescription
modalert for sale
diflucan for sale
buy alertec without prescription
buy zyban without prescription
buy serax without prescription
buy medazepam without prescription
buy imovane without prescription
mefenorex for sale
lormetazepam for sale
prednisone for sale
ativan for sale
buy alprazolam without prescription
buy camazepam without prescription
buy nobrium without prescription
mazindol for sale
buy mazindol without prescription
buy mogadon without prescription
buy terbinafine without prescription
diazepam for sale
buy topamax without prescription
cialis for sale
buy tafil-xanor without prescription
buy librium without prescription
buy zithromax without prescription
retin-a for sale
buy lunesta without prescription
serax for sale
restoril for sale
stilnox for sale
lamotrigine for sale

Asking For Money Back-Chilling Commercialization Or Recouping Public Trust In The Context Of Stem Cell Research?

by Matthew Herder

9 Colum. Sci. & Tech. L. Rev. 203 (2008) (Published May 14, 2008)

Abstract

As publicly funded institutions have increasingly embraced the goal of commercializing scientific research, concerns about private appropriation have become familiar refrain. One commonly suggested remedy is to create some kind of “recoupment” provision whereby the State, on behalf of the public, receives a certain percentage of profits realized. The Bayh-Dole Act originally included a recoupment provision but it was deleted by a legislative committee. Countries around the globe attempting to emulate Bayh-Dole have, whether by design or default, reinforced the underlying logic against recoupment, which is essentially as follows: obligations to provide direct financial returns undermine the commercialization process and therefore threaten what the public cares about most, i.e. the production of new goods. Despite regular controversies over alleged windfalls to industry, this logic has continued to prevail—until now. The California Institute of Regenerative Medicine (CIRM) has recently issued two intellectual property policies applicable to non-profit and for-profit grant recipients respectively, each of which contains mechanisms to recoup a portion of the public’s tax dollar investment. Why? This Article aims to explore that question by: one, further explaining the curious history in which the wisdom against recoupment came to prevail; two, probing the details of CIRM’s intellectual property policies and examining the arguments for and against the recoupment formulae they establish; and three, revealing the limits of what is actually known about whether such mechanisms exert a chilling effect on the commercialization process, and whether or not a direct financial return is what the public values most. In the end, the value of recoupment may be best conceived of in democratic terms: as one means of attempting to balance a host of conflicting views, and preserving public trust as the many promises of biotechnology become increasingly integral to nation-building strategies and our lives.

About the Author

Matthew Herder will be a Visiting Assistant Professor at Loyola University Chicago School of Law during 2008-2009. He is also an Advisor to The Innovation Partnership (TIP) , and a consultant to Health Canada of the federal government.

Important Note

For proper legal citation of this document, please cite to the following URL: http://www.stlr.org/cite.cgi?volume=9&article=6 The URL that currently appears in your browser’s location toolbar is incorrect. For more information on Bluebook citation of internet sources, click here.

View in PDF

blog comments powered by Disqus