Bayh-Dole at 30
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Bayh-Dole at 30

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slides and audio for the bayh-dole at 30 conference at uc davis.

slides and audio for the bayh-dole at 30 conference at uc davis.

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Transcript

  • 1. happy 30th birthday!
  • 2. “digital commons”
  • 3.
  • 4. public good, by private agreement.
    “some rights reserved”
    global NGO / non profit organization
  • 5.
  • 6.
  • 7.
  • 8. as for culture, so too for other knowledge products?
  • 9.
  • 10.
  • 11.
  • 12. lesson 1: sharing complicated knowledge is complicated.
  • 13. high potential for mis-practice of the technology
    lack of internal systems designed for knowledge sharing
    low number of patents in portfolio that are ideal for sharing
    low familiarity in target markets with “open” licenses
  • 14. lesson 2: “intellectual property” easier to share than “intellectual capital”.
  • 15. licenses more enforceable than contracts (e.g. “share alike” behavior)
    most knowledge is “tacit” (e.g., kept in word files and powerpoints)
    data > information > knowledge > wisdom
  • 16.
  • 17. lesson 3: the perception of what Bayh-Dole really does is a real problem.
  • 18. “doesn’t it violate Bayh-Dole to use a standard patent license?”
  • 19.
  • 20. "there is no constraint on a federally funded contractor's ability to enable Technology Transfer, whether through e-commerce or other creative approaches, especially where such mechanisms can facilitate reduction of transaction costs associated with licensing and promote the translation of federally funded technology."
  • 21. http://www.whitehouse.gov/sites/default/files/microsites/ostp/kalil-bayh-dole-letter.pdf
  • 22.
  • 23. growth of “commons” ideas…
    • standard “rules” of entry
    • 24. standard legal tools
    • 25. standard data formats
    • 26. must contribute data to access data
    • 27. voluntary and selective
    1
    selected creation of
    precompetitive data spaces
    • extend beyond pharma, “clubs” that interact over different time frames
    • 28. same rules and formats:
    • 29. creation of a data “commons” over time
    2
    3
    • “decay” of data into public domain after competitive embargo periods
    • 30. foundation funding and crowd talent
    • 31. encourage tool development by crowd
    Pharma
    Biotechs
    Academics
    Foundations
    Individuals
  • 32. happy 30th birthday!
  • 33. time for a midlife crisis.
  • 34. http://creativecommons.orghttp://bit.ly/wilbanks@wilbanks