Sharing the Fruits of Research

Abstract

The balance between protecting the fruits of medical research from competitors and the public interest in having access to such information so that humanity at large may develop it further and/or benefit from it must often be difficult. Such research can represent a huge investment, and to justify that adequate returns are required. The patent system tries to protect the legitimate interests of the inventor while at the same time enabling others to use and develop the technological advances offered. Traditionally, academics have been allowed to use patented material, with the agreement of the patent holder, provided no commercial purpose is intended; and in science there is a long tradition of encouraging the sharing and pooling of experiments and research material via publication and collaboration. Commercial pressures today risk upsetting this fine balance as the following disputes illustrate.