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In 2007, the trustees of the Association of University Technology Managers (AUTM) published a white paper entitled In the Public Interest: Nine Points to Consider and Licensing University Technology. Point 2 states in part that:
When significant investment of time and resources in a technology are needed in order to achieve its broad implementation, an exclusive license often is necessary and appropriate. However, it is important that technology transfer offices be aware of the potential impact that the exclusive license might have on further research, unanticipated uses, future commercialization efforts and markets. Universities need to be mindful of the impact of granting overly broad exclusive rights and should strive to grant just those rights necessary to encourage development of the technology.In other words, University technology transfer offices are encouraged to only grant exclusive licenses in technology when a "significant investment of time and resources in a technology are needed in order to achieve its broad implementation." To the extent the patents are licensed exclusively, the University "should strive to grant just those rights necessary to encourage development of the technology."
In this case, the patented technology does not seem to be the type that required a significant investment of time or resources in order to be implemented, as evidenced by the large number of nonlicensed cookie manufacturers who are allegedly employing the suggested "balance of saturated and polyunsaturated dietary fatty acids" in their cookies, presumably in an effort to provide safer products for consumers.
One might question whether the decision of Brandeis University to exclusively license a patent covering these healthy products was the proper decision, or even whether this might be the sort of technology that would be better left unpatented, particularly if one views the University's primary mission as generating and disseminating useful discoveries such as this.
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While it would, of course, be wonderful if universities and others placed more emphasis on the ethical implications of their decisions, I'm not sure that you can really blame Brandeis. After all, universities participating in the patent system become subject to the same pressures and incentives of other patentees; and the overriding incentive is for patent holders to monetize their IP. I think this situation with Brandeis is a predictable result of the way the patent system is structured; and it also provides an example as to why a vehement anti-IP faction currently thrives.
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Academic researchers have enjoyed the so-called “research exemption”, and often ignore the IP rights of others (the recent Supreme Court ruling on “Stanford University v. Roche” is a good example). On the other hand, academic institutions have actively and increasingly involved themselves in patent litigations to assert their patent rights (as in this Brandeis case).
The whole thing looks like a double standard to me. You just can't have your cake and eat it, too.
Patent Litigation is a rip off just look at the high cost of drugs. Theirs no ethical conduct here.
I know a small business owner that has a small business growing broccoli sprouts oat sprouts other types of sprouts. Their was a case pending by some university that was claiming that they had exclusive rights to patent sprouts. The case failed but it goes to show you just how far out of hand this patent and trademark ligation has become.
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