Analysis and Assessment of Capability for Applying Open Source Legal Approach Innovation Development Model in Biotechnology Context based on User Innovation Theory with Universal Viewpoint

Document Type : Research Paper

Authors

1 Associate Professor of Intellectual Property Law at Qom University, Qom, Iran

2 PHD in Private Law from Qom University, Qom, Iran

Abstract

Enforcement of  open source approach in software context has been a positive and efficient experience. Nevertheless some doubts about efficiency and desirability of this approach for legal protection of biotechnological innovations have been  posed. Meanwhile On one hand, the first and the most fundamental action in assessment of applying this approach in biotechnology context, is explanation, analysis and compliance of its  bases with innovations of this field; on the other hand considering the objective and practical notion of subject-matter, practical bases - particularly innovation development model- have a special situation in aforementioned assessment. Purpose of this paper , using library research method and statistics and real examples is analysising and assessment of capability for compliance and applying open source legal approach innovation development model,   known as "user innovation theory", in biotechnology context .
Stickiness of information, heterogeneity of user’s need, Free revealing, Collective invention, Peer production and Community support are conditions which capability of applying and compliance of user innovation theory, as innovation development model in open source legal approach, for biotechnology field is based on them.
Because of novelty, variable and perfectible notion of modern biotechnology as to information’s notion Stickiness of information exist in here and even applying intellectual property cause and enrich the character in this field. Extent of biotechnology’s scope, multi aspect and complicated notion of modern biotechnology innovation and necessity for attention to probable effects of them lead to Stickiness of information. Free revealing in biotechnology field will be possible by equating source code to variance as to name of sequence, DNA Sequence in FASTA format. Necessity of innovative information revealing and depositing of a genetically modified microorganism prove possibility and capability of access to substitute of source code in biotechnology field.  Lack of confidence to innovation, technological change or other opportunities for sharing information and also desirable level of standardization which could create Collective invention, totally exist in biotechnology field. Historical background for sharing in biotechnology field and  successful experience and  effect of this procedure on reducing costs for innovative activities and also fundamental  and vital notion of human’s need to biotechnology and it’s innovations prove capability and even desirability of sharing information. Finally community support exist in biotechnology field in desirable and efficient level.
Based on the results of this research, in biotechnology context, all of user innovation theory conditions exist and in conclusion this theory, as open source legal approach innovation development model, is compliable and applicable in relation to biotechnological innovations. Indeed improving in membership conditions for open source biotechnology institution and networks and free revealing element will be efficient in this field.

Keywords

References

1. Aoki, Keith (2009), Free Seeds, Not Free Beer: Participatory Plant Breeding, Open Source Seeds, and Acknowledging User Innovation in Agriculture, Fordham Law Review, Vol. 77, California, pp:2275-2310.
2. Ayotte, Kenneth, E. Smith, Henry (2011), Edward Elgar publication, pp:35-56.
3. Benkler,Yochai and Nissenbaum, Hellen(2006), Commons-based Peer Production and Virtue, The Journal of Political Philosophy: Volume 14, Number 4, pp:394–419
4. Buckley, Ted (2007), The Myth of the Anticommons, Biotechnology industry organization.
5. Chambers.R(1983), Rural Development: Putting the Last Fight, , Newyork: Longman.
6. De Filippi, Primavera (2015), Handbook of Digital Currency Translating Commons-Based Peer Production Values into Metrics:Toward Commons-Based Cryptocurrencies, Acadamic Press.
7. E.Creiton,Thomas(1999), Encyclopedia of Molcular biology, New York: A Willy and Sons publication.
8. Gambardella , Alfonso and, Raasch, Christina and von Hippel, Eric(2017),  The User Innovation Paradigm: Impacts on Markets and Welfare, Management Sciences,Vol. 63, No. 5, pp. 1450–1468
9. Habiba, Saeed(2003), Possibility of Issue of Patent in Biotechnology and Agreement on Trade Related Aspects of Intellectual Property Law, Journal of Law and Politics of Tehran University, No.60.(in Persian)
10. Habiba, Saeed and Moatamedi, Gholamhossein, (2006), Protection of Traditional Knowledge as one of the Parts of Intellectual Property Law, Journal of Law and Politics of Tehran University, No.72. (in Persian)
11. Habiba, Saeed and Moalla, Mahdi(2015), Legal Protection of Biotechnological Inventions, Tehran: Study and Composition of  the Humanities Organization(SAMT). (in Persian)
12. Hatchwell, Pual (1989), opening Pandora’s box:the risk of releasing genetically engineered organisms,Ecologist ,Vol 19, No4 ,pp:130-136.
13. Hilgartner & S. I. Brandt-Rauf (1994), ‘Data Access, Ownership, and Control: Toward Empirical Studies of Access Practices’. Knowledge: Creation, Diffusion, Utilization 15(4), pp:355–372.
14. Janet Hope, Elizabet(2008), Biobazaar, The Open Source Revolution and Biotechnology, Harvard University Press.
15. Janet Hope, Elizabet(2004),Open sourceBiotechnology, A thesis submitted for the degree of Doctor of Philosophy at The Australian National University.
16. Joly,Yann(2007), Open Source Approaches in Biotechnilogy:Utopia Revised, Maine Law  Review, Vol. 59:2, pp: 385-405.
17. J. Strandburg, Katherine(2009), Accommodating User Innovation in the International Intellectual Property Regime: A Global Administrative Law Approach, Acta Juridica, New York, pp: 283-319.
18. Mohammadi, Pezhman, and Sharghi, Marsieh, Outlook on Notion of intellectual created beings after Attachment to Public Scope, Journal of Comparative Law Study, 6th Course, No.1. (in Persian)
19. Malbobi, Mohamma Ali, Biotechnology for Exit of Dead End, Published Interview in Hamshahri Newspaper in 2018/8/28 at below internet website: http://newspaper.hamshahri.org/id/28581/.html
20. Mehbodi, Freydoon, Pharmaceutical Biotechnology Outputs in Last Four Years, Published Interview in Tabnak News Agency in 2017/12/25 at Below Internet Website: https://www.tabnak.ir/fa/news/758587/
21. Nezamolmolki, Jafar and Zahedi, Mahdi(2011), Capability of  protection of genetic engineering innovations in intellectual property law system, 5TH Year, No.18. (in Persian)
22. Nezamolmolki, Jafar and Tolou, Seyed Mohsen(2014), Open Source Software System, Legal Research Journal, 14th Year, No.27. (in Persian)
23. Naghizadeh, Mohammad and Cooperator(2017), Study on Legal and Statutory Challenges of Intellectual Property in Biotechnological Products, Growth of Technology Journal, 12TH Year, No.47. (in Persian
24. Rady, Ananda,  Lawsuit seeks to invalidate Monsanto’s GMO patents, 2011. Available at: https://www.globalresearch.ca/lawsuit-seeks-to-invalidate-onsanto-s-gmo-patents/24103
25. Ravi Srinivas, Krishna(2006), Intellectual property rights and bio commons: open source and beyond - International Social Science Journal (ISSJ)- Vol. 58 No. 188, pp:319 -334.
26. Sadeghi, Mohsen (2008), Protection of Pharmaceutial Innovation and WTO’s Accession, Tehran: Mizan Legal Foundation. (in Persian)
27. Stein, H., Intellectual Property and Genetically Modified Seeds: The United States, Trade, and the Development World, 3 Northwestern Journal of Technology and Intellectual Property, 2005.
28. Tokic, Stijepko(2017), The Interplay between User Innovation, the Patent System and Product Liability Laws: Policy implications, 99 J. Pat. & Trademark Off. Soc'y 20,pp:20-46.
29. Van Overwalle(2012), Gene Patents and Collaborative Licensing Models, Cambridge University Press.
30. Von Hippel, Eric(2005), Democratizing Innovation, Massachusetts: , The MIT Press.
31. Von Hippel, Eric(2002), Horizontal innovation networks - by and for users, MIT Sloan School of Management Working Paper No. 4366-02 June.
32. Von Hippel, Eric(2005), Democratizing innovation: The evolving phenomenon of user innovation, Journal für Betriebswirtschaft, Volume 55, Issue 1, pp: 63–78.
33. Ravi Srinivas, Krishna(2006), Intellectual property rights and bio commons: open source and beyond - International Social Science Journal (ISSJ)- Vol. 58 No. 188, pp:319 -334.
34. Wang,Yonggui et al(2011), The Key Drivers of User Innovation Performance:An empirical study of QZONE in perspective of Users, IEEE.
35. West, Joel(2009), Policy Challenges of Open, Cumulative, and User Innovation, Journal of Law & Policy, Vol. 30:17.
36. Yadollahi Farsi, Jahangir and Kalathayee(2012), Zahra, Methods of Exploitation of Technology in Biotechnology, 8th Year, No.31. (in Persian)
37. Yasrebi,  Seyed Mohammad Ali and Rezapoor, Mohammad Ali(2017), Study on Basics for Economic Analysis of Property Law, Journal of Comparative Law Study, 8th Course, No.1. (in Persian)
38. Zarkalam, Sattar and Nezamolmolki, Jafar and Tolou, Seyed Mohsen(2016), Analysis and Assessment of Protection of Software in Intellectual property Law and Open Source System, Half-Yearly Comparative Law, No.106. (in Persian)
Comparative Law Review
Volume 10, Issue 2
Autumn & Winter
October 2019
Pages 485-526

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