Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

4. DNA as Intellectual Property

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

DNA sequence databases qualify for the sui generis protection under the EU Database Directive which could help resolve the issue of conferring intellectual property rights on such databases. However, given the number of biological databases and their architecture, a proliferation of fragmented and overlapping rights could emerge. The detailed arrangements for sharing the rights could be prohibitive to further research and development. A solution could be to devise a Database Right pool into which all contributors would submit their data with an accompanying clearance system and a collecting agency which would, on behalf of the contributor whose submitted sequences have been accessed by a user of the database, collect the corresponding fee. This solution has the additional benefit that the research which is valued most by users of the pool will be rewarded most.

Keywords: biological databases; Database Right pool; DNA sequence databases; intellectual property rights

10.1163/ej.9789004150539.i-215.32
/content/books/10.1163/ej.9789004150539.i-215.32
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Property Rights in Blood, Genes and Data — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation