Non-singular Logics of Intellectual Property in Biomedical Innovation
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P Omkar Nadh
P Omkar Nadh is a Research Fellow at the T.C Bernie Law School. His research focuses on the circulation of bioeconomies specifically related to health care biotech innovations and examining their political economic relationships with implications for public health. In his PhD thesis, he examined the relationship between the state, academia and finance capital in the constitution and sustenance of medical biotechnology ecosystem in India and the concomitant value extraction and capital accumulation strategies. Omkar’s research interests include Science, Technology & Society studies, Political Economy, Critical Social Theory, Financialisation and Public Health.
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Pratap Devarapalli
Pratap Devarapalli is an Intellectual Property Strategist and Patent researcher. He has expertise in dealing with Intellectual Property issues in relation to emerging technologies such as Artificial Intelligence, 3D bioprinting and Synthetic Biology. He is currently a Postdoctoral fellow at School of Law, University of Queensland, Australia and ARC Centre of Excellence in Synthetic Biology. Pratap pursued his doctoral studies from the Centre for Law and Genetics, University of Tasmania, Australia where his research was focused on “Patenting issues related to Bioprinted tissues and Bioinks.” He is an invited fellow at Max Plank Institute of Innovation and Competition in Munich, Germany. He was also invited by Govt. of Japan to assist Japanese Patent Office in harmonizing of Japanese Patent Law in relation AI. Pratap pursued his Master of Law (LLM) in Intellectual Property from the World Intellectual Property Organization (WIPO), Geneva and the Queensland University of Technology, Australia. He is the recipient of the prestigious International Fellowship offered by WIPO.
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Sruthi Balaji
Sruthi Balaji is a doctoral researcher at the ARC Industrial Transformation Training Centre for Uniquely Australian Foods and the T.C. Beirne School of Law at the University of Queensland. She holds a Bachelor of Economics as well as a Bachelor of Laws with Honours, also from the University of Queensland. Her thesis is focused on the treatment of genetic sequence information under various intellectual property regimes as well as the interaction between law and science through genetic sequence information.
Abstract
The role of intellectual property in biomedical innovation is often construed by the source of its funding viz. public or private. While privately funded innovations are assumed to rely on intellectual property for monopolistic expansions and profit gains, publicly funded research is expected to serve the broader social good without proprietary constraints. In the light of the accumulating evidence over the last few decades, it is now understood that this causal narrative, appears simplistic. To gain a deeper understanding of innovation, whether profit-driven or socially oriented, it is crucial to examine the broader context of basic and translational research. This article investigates the management of intellectual property within two significant biomedical research funding organizations: the publicly funded United States National Institutes of Health (NIH) and the public-private-philanthropic partnership, the Coalition for Epidemic Preparedness Innovations (CEPI). The findings reveal that despite different claims about intellectual property strategies, these institutions exhibit similar practices influenced by the spectre of larger privatisation processes intrinsic to global market forces. This analysis suggests that a singular logic of one-size-fits-all approach to intellectual property is inadequate in promoting biomedical innovation for the greater public good.
About the authors
P Omkar Nadh is a Research Fellow at the T.C Bernie Law School. His research focuses on the circulation of bioeconomies specifically related to health care biotech innovations and examining their political economic relationships with implications for public health. In his PhD thesis, he examined the relationship between the state, academia and finance capital in the constitution and sustenance of medical biotechnology ecosystem in India and the concomitant value extraction and capital accumulation strategies. Omkar’s research interests include Science, Technology & Society studies, Political Economy, Critical Social Theory, Financialisation and Public Health.
Pratap Devarapalli is an Intellectual Property Strategist and Patent researcher. He has expertise in dealing with Intellectual Property issues in relation to emerging technologies such as Artificial Intelligence, 3D bioprinting and Synthetic Biology. He is currently a Postdoctoral fellow at School of Law, University of Queensland, Australia and ARC Centre of Excellence in Synthetic Biology. Pratap pursued his doctoral studies from the Centre for Law and Genetics, University of Tasmania, Australia where his research was focused on “Patenting issues related to Bioprinted tissues and Bioinks.” He is an invited fellow at Max Plank Institute of Innovation and Competition in Munich, Germany. He was also invited by Govt. of Japan to assist Japanese Patent Office in harmonizing of Japanese Patent Law in relation AI. Pratap pursued his Master of Law (LLM) in Intellectual Property from the World Intellectual Property Organization (WIPO), Geneva and the Queensland University of Technology, Australia. He is the recipient of the prestigious International Fellowship offered by WIPO.
Sruthi Balaji is a doctoral researcher at the ARC Industrial Transformation Training Centre for Uniquely Australian Foods and the T.C. Beirne School of Law at the University of Queensland. She holds a Bachelor of Economics as well as a Bachelor of Laws with Honours, also from the University of Queensland. Her thesis is focused on the treatment of genetic sequence information under various intellectual property regimes as well as the interaction between law and science through genetic sequence information.
© 2023 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Editorial
- Introduction to the ‘The Spectral Nature of Intellectual Property’ Pólemos
- Focus
- The Spectre of the Machine: Finding Space for Empirical Inventions in Patent Law
- Copyright, Ghosts, Information
- Impossible Realities and Intellectual Property: Specters of Value in Amie Siegel’s Provenance
- The Emergence of Yoga-as-Property in American Law: The Haunting Presence of Commercial Logics from Swami Vivekananda to Bikram’s Hot Yoga
- Spectres of Intellectual Property in the Soviet Union: The Development and Recognition of the Inventor’s Certificate
- “A Name Which to Them is Sacred”: Quakers and Religious Trademarks in American Enterprise
- Schrödinger’s Rose: Indeterminacy and Contingent Futures in the Plant Variety Rights System of Aotearoa New Zealand
- Non-singular Logics of Intellectual Property in Biomedical Innovation
- Spectral Shadows in Scientific Practice: Unveiling the Haunting Effects of Authorship and Scientific Capital Accumulation
- Research
- Domination and Submission. From the Idea of ‘Legal Personality’ Back to the Metaphor of the ‘Mask’
- “The Whore That Lost Everything”: The Tyranny of Law and the Queer Feminisation of Soft Power as Explored in Black Sails
- Book Review
- Ian Ward: The Trials of Charles I
Articles in the same Issue
- Frontmatter
- Editorial
- Introduction to the ‘The Spectral Nature of Intellectual Property’ Pólemos
- Focus
- The Spectre of the Machine: Finding Space for Empirical Inventions in Patent Law
- Copyright, Ghosts, Information
- Impossible Realities and Intellectual Property: Specters of Value in Amie Siegel’s Provenance
- The Emergence of Yoga-as-Property in American Law: The Haunting Presence of Commercial Logics from Swami Vivekananda to Bikram’s Hot Yoga
- Spectres of Intellectual Property in the Soviet Union: The Development and Recognition of the Inventor’s Certificate
- “A Name Which to Them is Sacred”: Quakers and Religious Trademarks in American Enterprise
- Schrödinger’s Rose: Indeterminacy and Contingent Futures in the Plant Variety Rights System of Aotearoa New Zealand
- Non-singular Logics of Intellectual Property in Biomedical Innovation
- Spectral Shadows in Scientific Practice: Unveiling the Haunting Effects of Authorship and Scientific Capital Accumulation
- Research
- Domination and Submission. From the Idea of ‘Legal Personality’ Back to the Metaphor of the ‘Mask’
- “The Whore That Lost Everything”: The Tyranny of Law and the Queer Feminisation of Soft Power as Explored in Black Sails
- Book Review
- Ian Ward: The Trials of Charles I
