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Global Dimensions of Intellectual Property Rights in Science and Technology (1993)
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. "13 Biotechnology Case Study." Global Dimensions of Intellectual Property Rights in Science and Technology. Washington, DC: The National Academies Press, 1993.

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Global Dimensions of Intellectual Property Rights in Science and Technology

ested parties to see if we can understand whether these patents should be applied for, whether they should be issued, and if issued, how they should be handled.

Finally, can patents be issued faster? The U.S. Patent and Trademark Office's numbers on the average time of application pendency are very strange and not helpful. The Patent Office has always figured out ways to say it is doing things in two years when, in fact, there has not been a useful biotech patent that has taken less than four years, and usually five. If we cannot get meaningful numbers, I don't think the problem can be solved. I think the Patent Office is misleading all of us.

In terms of the conference objectives, I would like to close with these thoughts concerning a few final issues: First, with respect to international perception of the importance of intellectual property rights, the world acknowledges that the United States was the pioneer in biotechnology, and that it was done by risk capital, as well as federal support of R&D, originally. The positive contribution to human welfare is acknowledged worldwide. That does not mean that all the countries in the world want to give strong patent protection for biotechnology, which is a very difficult issue.

Second, with respect to biotechnology patents, in the United States, the road has been rocky but reasonably satisfactory. Worldwide protection will ultimately be critical. It is sad that this did not occur long ago. Because of this lack, we are seeing companies in foreign countries appropriating U.S. technology to get started.

Finally, with respect to conflict resolution, the most precious resource of a budding new industry or budding new technology is time. The solutions have to be time sensitive. Grandiose solutions that involve 60 or 70 countries, and take years and years, will mean that a lot of the companies will fail before the solutions are in place. I think people should be aware of that.

I would remind you of one last thing. This is an industry of small companies. If you look at the profile of public biotechnology companies, only 13 percent have more than 300 employees, and none have more than 2,000 employees. If we look at all biotech companies (publicly and privately held), there are only 3 percent with more than 300 employees. We are dealing with a very, very broad-based, small-company business and my remarks apply as well to my firm, ICOS, which we started within the last year, as well as to the largest biotech companies, which are still relatively small. These are the companies seeking patent protection. Strong protection can hardly ''disadvantage small companies" as some critics suggest.

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328
Front Matter (R1-R12)
I Introduction (1-2)
1 The Global Dimensions of Intellectual Property Rights in Science and Technology (3-18)
2 Intellectual Property Institutions and the Panda's Thumb: Patents, Copyrights, and Trade Secrets in Economic Theory and History (19-62)
II The Case For and Against a Uniform Worldwide Intellectual Property Rights System (63-64)
Introduction (65-67)
3 Why a Uniform Intellectual Property System Makes Sense or the World (68-88)
4 Harmonization Versus Differentiation in Intellectual Property Right Regimes (89-106)
5 Unauthorized Use of Intellectual Property: Effects on Investment, Technology Transfer, and Innovation (107-145)
Discussion (146-148)
III National and International Approaches to Intellectual Property Rights (149-150)
Introduction (151-154)
6 Comparative National Approaches to Intellectual Property Rights (155-174)
7 Update on international Negotiations on Intellectual Property Rights (175-182)
Discussion (183-186)
IV Scientific and Technological Advance and Its Impact on the Role of Intellectual Property Rights (187-188)
Introduction (189-191)
8 Trends in Global Science and Technology and What They Mean for Intellectual Property Systems (192-207)
9 Sectoral Views (208-220)
10 Intellectual Property Rights and Competitive Strategy (221-240)
Discussion (241-246)
V Adapting Intellectual Property Rights to New Technologies (247-248)
Introduction (249-255)
11 Adapting the Intellectual Property System to New Technologies (256-283)
12 A Case Study on Computer Programs (284-318)
13 Biotechnology Case Study (319-328)
14 Semiconductor Chip Protection as a Case Study (329-338)
15 Optoelectronics (339-350)
Discussion (351-354)
VI Global Intellectual Property Rights Issues in Perspective (355-356)
Introduction (357-359)
16 Global Intellectual Property Rights Issues in Perspective: A Concluding Panel Discussion (360-383)
Disccusion (384-390)
Coda: Issues for Future Research (391-394)
VII Appendix (395-396)
A: Conference Agenda (397-400)
B: Biographies of Contributors (401-418)
Index (419-442)