Designing the Microbial Research Commons Proceedings of an International Symposium (2011) / Chapter Skim
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4. An Industry Perspective: Development of an MTA Harmonious with a Microbial Research Commons
4. An Industry Perspective: Development of an MTA Harmonious with a Microbial Research Commons
Pages 25-30
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From page 25... ...
I spent five years here at Georgetown University, for instance. My first professional job was at the American Type Culture Collection, working for the general counsel, where I was responsible for putting together many of the early formative material transfer agreements (MTAs)
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From page 26... ...
So, just as the world culture collections all have minimum scientific and technical standards, a microbial commons approach -- whether it is based on a compensatory liability rule, or on other approaches -- is also a potential means of global legal standardization, which is essential for the propagation and development of this potential. It has been suggested that diverse licensing strategies and techniques have elevated transaction costs and other barriers for relatively simple, collaborative research projects.
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From page 27... ...
Its goal is "to acquire, authenticate, preserve, develop, and distribute biological materials, information, technology, intellectual property, and standards advancement and application of sciences." Its brochure offers a slightly different mission statement: After saying that its goal is "to acquire, authenticate, preserve, develop, and distribute biological resources and knowledge to scientific researchers," which is very similar to the Web-based statement, it adds, "We strive to be the preferred provider of high-quality biological reference standards which, along with products and services developed in-house, enable science to touch people's lives." This is very different. It is saying that ATCC is a product-based organization.
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From page 28... ...
in connection with ADME testing; (d) in connection with drug potency or toxicity testing which does not include either screening multiple cell lines for potential inclusion in a screening assay system or screening multiple compounds in a system for internal research purposes only; (e)
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From page 29... ...
Although the proper balance needs to be found, I do not think these culture collections should deviate from the basic purpose of preserving, maintaining, and distributing biological materials. That is why I started out talking about what a mission statement is and what a founding principle is -- it is in these areas identified by the 29
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From page 30... ...
Discoveries and advances in scientific research will regularly move the line on what is eligible for these liability rules because as you learn more about what is commercially important and what is not important, the point where that liability rule should be applied will change. In conclusion, the commercial use of microbial cultures is very difficult to define because the value changes over time and is subjective to begin with at the time of their appraisal.
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