عنوان مقاله [English]
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.