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Enclosing the Genome: What the Squabbles over Genetic Patents Could Teach Us

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dc.contributor.author Boyle, James
dc.date.accessioned 2009-09-14T17:36:30Z
dc.date.available 2009-09-14T17:36:30Z
dc.date.issued 2003 en_US
dc.identifier.uri https://hdl.handle.net/10535/4872
dc.description.abstract From p. 3: "In this chapter, however, I turn my attention to the other arguments over enclosure, the ones that economic historians and intellectual property scholars for that matter tend to note briefly and somewhat dismissively before turning their attention to the real meat of the economic incentives set up by property systems. My question, then, is not 'will licensing solve the potential monopolistic problems threatened by fundamental gene patents'? Or 'will this particular bit of surgery on the Bayh-Dole Act cure the incentive system so as to encourage fundamental research to yield real products while discouraging 'blocking patents' across the arteries of research?' Those questions are vital ones on which important work has already been done, some of it by my wonderful colleagues at Duke. But I want to ask a different question, one about the fundamental structure of intellectual property discourse. What can the debate over gene patents teach us about the structure of our discipline, about our pattern of inquiry? What does that debate reveal about the both the selective focus and the selective blindness in the way that intellectual property scholars analyze the question? In short, this article treats the debate over gene patents as a rhetorical case study, a place to reflect on the limits of our discipline. It does not attempt to enter that debate on one side or the other." en_US
dc.language English en_US
dc.subject patents en_US
dc.subject intellectual property rights en_US
dc.subject genetic resources en_US
dc.title Enclosing the Genome: What the Squabbles over Genetic Patents Could Teach Us en_US
dc.type Working Paper en_US
dc.type.methodology Case Study en_US
dc.coverage.region North America en_US
dc.coverage.country United States en_US
dc.subject.sector Information & Knowledge en_US

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