Open Source and the Future of Biomedicine

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Open Source and the Future of Biomedicine

• Yann Joly, L.L.B, LL.M, PhD Candidate
• Bartha M. Knoppers, PhD
• HumGen International, Centre de recherche en
  droit public, Université de Montréal.

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Outline

• 1- Open Science
• 2- Commercialisation
• 3- Case Studies
• 4- Open Source and Genomic research

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1- Open Science
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1- Open Science

• Early academic research in biomedical sciences.
• The norms of science.
• Contemporary perspective on the norms of science.
  

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2- Commercialization
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2- Commercialization

• The American experience
• The Bayh-Dole Act.
• The creation of the Court of Appeals for the
  Federal Circuit.
• The "genetic gold rush".

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2- Commercialization

• Outcomes of Commercialisation
• North America
• Europe

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2- Commercialization

• Issues raised by the commercialization of
  biotechnology
• Moral religious issues.
• Patent thickets/ Tragedy of the anticommons.
• Conflicts of interest data witholding
• Clinical access to discoveries.
• Unprecedented search and examination challenge
  for patent offices.

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3- Case Studies
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3- Case Studies

• HapMap Project (2002-2005)
• Objective International effort to Identify and
  catalog genetic similarities and differences in
  human beings.
• Mechanism Open access, click-wrap agreement.

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3- Case Studies

• Aggregate Therapeutics
• (Since January 2006)
• Objective improve investment in Canadian
  biotechnology by helping transform important
  research into life-saving products and protocols.
• Mechanism Patent pool.

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4- Open Source and Genomic Research
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4- Open Source and Genomic Research

• The human genome is part of the Common heritage
  of Humanity.
• Genetic knowledge/genomic databases are global
  public goods.
• Good health is a global public good.

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4- Open Source and Genomic Research

• Common heritage of Humanity
• Article 1 The human genome underlies the
  fundamental unity of all members of the human
  family, as well as the recognition of their
  inherent dignity and diversity. In a symbolic
  sense, it is the heritage of humanity.
• UNESCO, Universal Declaration on the Human Genome
  and Human Rights (1997)

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4- Open Source and Genomic Research

• Global Public Good
• 1. Human genomic databases are global public
  goods.
• a. Knowledge useful to human health belongs to
  humanity.
• b. Human genomic databases are a public resource.
  
• c. All humans should share in and have access to
  the benefits of databases.
• HUGO, Statement on Human Genomic Databases (2002)

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4- Open Source and Genomic Research

• Health as a public good
• Article 12
• States Parties to the present Covenant recognize
  the right of everyone to the enjoyment of the
  highest attainable standard of physical and
  mental health.
• United Nations, International Covenant on
  Economic, Social and Cultural Rights (1966)

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Conclusion

• Open source as a way toward the ideal of open
  science