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Record W235678183

Creating a Patent Clearinghouse in Canada: A Solution to Problems of Equity and Access

2003· article· en· W235678183 on OpenAlex
Lorraine Sheremeta, E. Richard Gold

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

venuePublished in a venue whose home country is Canada.
aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueHealth law review · 2003
Typearticle
Languageen
FieldMedicine
TopicBiomedical Ethics and Regulation
Canadian institutionsnot available
Fundersnot available
KeywordsEquity (law)Exclusive rightDistribution (mathematics)NormativeBusinessIntellectual propertyProfit (economics)Law and economicsPublic economicsEconomicsMarketingIndustrial organizationLawPolitical scienceMicroeconomics
DOInot available

Abstract

fetched live from OpenAlex

Two of the most pressing normative questions surrounding biotechnology patenting today relate to the equitable distribution of the products of biotechnological research and ensuring fair access to those products. Often discussed under the heading sharing, the problem of the equitable distribution of biotechnology's advances is a mixture of two normative concerns: whether there is a universal right to benefit from scientific progress and whether particular research subjects have a right to share in the benefits of research using their tissues. The question of access is similarly twofold. On one hand, researchers are concerned that patent rights may block second generation innovation by placing licensing and monetary roadblocks in the way of research. This is the so-called problems that has been discussed theoretically but has yet to be demonstrated or disproved empirically. The second aspect of this question is patient access to new technologies, such as new screening tests or potential treatments based on the use of stem-cells. This poster focuses on a few legal mechanisms that may facilitate both access to biotechnology's products and the equitable distribution of the benefits arising from those products. In particular, we suggest the creation of an independent and non-profit patent clearinghouse. This clearinghouse would administer patents in a particular field of study (e.g., all stem cell related patents) and would distribute income to patent holders arising from that administration. Specifically, the clearinghouse would charge a fixed fee for use of patent rights that would be distributed to patent owners. At the same time, the clearinghouse would hold back a certain percentage of profits (the HUGO Ethics Committee recommends, for example, between 1 and 3%) for redistribution to health care infrastructure in low-income countries. The clearinghouse would ensure that all researchers have fair access to innovations in the field while ensuring a fair economic return to patentees. What is a Patent? A patent is a government grant of a time-limited legal monopoly given to an inventor in exchange for the public disclosure of an invention. It can be thought of as a veto over the activities of others in respect of making, using, selling or importing an invention. It permits the inventor or an assignee (often a corporation) to commercially exploit the invention. What are the Criteria for Patentability in Canada? An invention, to be patentable, must be new, useful and non-obvious. These are legal terms that have been defined in Canadian case law as follows: New--the invention must not have been previously disclosed in a single source more than 12 months prior to the filing of the patent application. Useful--the invention must work and must be of industrial interest. Non-obvious--To be patentable, an invention must be a development or an improvement that would not have been obvious beforehand to persons skilled in the art. The Current International Trend To mitigate the anticommons effect that patents have on access to novel biotechnological applications, mechanisms to promote and to facilitate access to medicine have been suggested by the Human Genome Organization, The United Nations and the World Trade Organization. Human Genome Organization Ethics Committee, Statement on Benefit Sharing 1. In the interest of justice, there is an evolving international consensus that suggests that groups participating in genetic research should receive some benefit. 2. Permissible benefit-sharing mechanisms may include: agreements with individuals, families, groups, communities or populations that foresee technology transfer, local training, joint ventures, provision of health care or of information infrastructures, reimbursement of costs, or the possible use of a percentage of any royalties for humanitarian purposes. …

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Other design · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.843
Threshold uncertainty score0.223

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.204
GPT teacher head0.414
Teacher spread0.210 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it