Intellectual Property and the Valuation of Biotechnology Companies: GEN-dex Versus Dow Jones

Author(s):  
Elli Malki
2018 ◽  
Vol 13 (4) ◽  
pp. 457-482
Author(s):  
Yadira Ixchel Martínez Pantoja

Summary Business diplomacy emphasizes engagement with stakeholders to shape the environment to favour business interests. This article recognizes that multinational corporations (MNCs) play a relevant role in the international arena, dealing with governments and other non-state actors by means of business diplomacy. Biotechnology companies, in particular, bargain with government representatives for commercialization, deregulation or intellectual property enforcement. In order to advance their economic and business goals, biotechnology companies have implemented reactive, proactive and relationship-building strategies and instruments. These MNCs have applied reactive instruments to respond to evolving problems and proactive instruments to address more complex issues. MNCs have also employed long-term relationship-building instruments, such as awards and research centres, to establish stronger relationships with multiple stakeholders. This article contributes to the discussion of what business diplomacy is and presents an analysis of strategies and instruments that is scarce in the business diplomacy literature.


2012 ◽  
Vol 18 (1) ◽  
Author(s):  
Smitha Uthaman ◽  
Deborah Lu ◽  
Thomas Kowalski

This paper summarizes the Post-Grant Review process, one of the many interesting aspects of patent reform brought about by the enactment of the America Invents Act, and the effect it may have on how Biotechnology companies conduct business and manage their intellectual property.


2019 ◽  
Vol 24 (3) ◽  
Author(s):  
Fabrice Heitzmann

The pharmaceutical industry has been revolutionized by the new biotechnology companies during the last years. Facing patent expirations, lack of innovation and depleting product pipelines, the important structures turned to the funding of small biotechnology companies aimed at research and intellectual property securization. Alliances are primordial in the current economic climate. The market growth was questioned for years, but biotechnology companies shifted to product-driven strategies and the market performance has been verified during the last decade. Researchers still face challenges in transforming their science into businesses. They need to be fully equipped, and accompanied towards the right objectives to ensure the sustainability of the market as a whole.


Percurso ◽  
2019 ◽  
Vol 4 (31) ◽  
pp. 93
Author(s):  
Ana Carolina Lucena BRITO ◽  
André Luís Fregapani LEITE ◽  
Valmir César POZZETTI

RESUMOO objetivo desta pesquisa foi o analisar a relação contratual que se forma entre as empresas de biotecnologia e os povos tradicionais, quando as primeiras utilizam-se dos conhecimentos dos segundos para reduzir custo e tempo gasto com pesquisas, obtendo lucro, sendo a devida remuneração aos povos tradicionais em virtude dos conhecimentos por eles oferecidos. Ressaltou-se a relevância jurídica da proteção do direito da propriedade intelectual e industrial, perpassando por uma análise da evolução histórica dos instrumentos jurídicos no cenário mundial, podendo-se citar a Convenção da União de Paris, em 1883, seguida da criação da Organização Mundial do Comércio através do Acordo de Marrakesh, em 1994, que teve como seu mais importante instrumento o TRIPS. O TRIPS é um marco pelo qual muitos países regularam suas normas internas acerca da propriedade intelectual, incluindo o Brasil que é consignatário no Acordo. Já no Brasil, este âmbito sofreu modificações após a Constituição Federal, de 1988, garantindo como direito fundamental a propriedade intelectual, até se obter a legislação vigente no país acerca do tema, a Lei nº 9.279/96. A lei por fim regulamentou o registro de patentes e as obrigações inerentes, dentre outras disposições. Sobre tais, destacam-se as patentes verdes que visam tutelar conhecimentos de inovação biotecnológica, a fim de propagar o desenvolvimento sustentável na produção industrial. Todavia, verificou-se que no ramo houve graves violações aos direitos dos povos indígenas e tradicionais, no momento que as empresas utilizavam seus conhecimentos milenares e os patenteavam como se donos fossem. Desse modo, após intensos debates e novas concepções, entendeu-se que tais saberes não podem ser objetos de patentes. Ao fim, concluiu-se que o programa “Patente Verde” pode concorrer para grandes avanços tecnológicos e econômicos no Brasil; mas deve sempre respeitar às diretrizes do desenvolvimento sustentável, no qual se encontram direitos sociais e ambientais, garantindo a razoabilidade dos direitos e assegurando a inviolabilidade dos mesmos.PALAVRAS-CHAVES: Patentes; conhecimentos tradicionais; desenvolvimento sustentável. ABSTRACTThe objective of this research is to analyze the contractual relationship that is formed between biotechnology companies and traditional peoples, when the former use the knowledge of the second to reduce cost and time spent with research, obtaining profit, due to the remuneration to the people their knowledge. The legal relevance of the protection of the right to intellectual and industrial property was emphasized, as well as an analysis of the historical evolution of the legal instruments on the world scene, including the Paris Convention of 1883, followed by the creation of the World Organization through the Marrakesh Agreement in 1994, which had as its most important instrument TRIPS. TRIPS is a milestone for many countries to regulate their internal rules on intellectual property, including Brazil that is a signatory to the Agreement. In Brazil, this scope was modified after the Federal Constitution of 1988, to guarantee as fundamental right the intellectual property, until obtaining the legislation in force in the country on the subject, Law 9.279 / 96. The law finally regulated the registration of patents and the inherent obligations, among other provisions. These include green patents aimed at protecting knowledge of biotechnological innovation in order to promote sustainable development in industrial production. However, it was found that there were serious violations of the rights of indigenous and traditional peoples, as companies used their millennial knowledge and patented them as owners. Thus, after intense debates and new conceptions, it was understood that such knowledge can not be objects of patents. Finally, it was concluded that the green patent program can contribute to major technological and economic advances in Brazil, but should always respect the guidelines of sustainable development, which include social and environmental rights, guaranteeing the reasonableness of rights and ensuring the their inviolability.KEYWORDS: Patents; traditional knowledge; sustainable development. 


2006 ◽  
Vol 12 (3) ◽  
Author(s):  
Makina Kato ◽  
Darryl Macer

Analysis of responses from a 2003 survey of 304 Japanese biotechnology companies found that 93 per cent responded that they had never had a bioethical problem related to biotechnology in their company but 31 per cent did expect to have some kind of problem in the future while 26 per cent already had systems in place to deal with these issues. The open responses to all these questions are presented and discussed. Specific issues raised by the companies concerned problems related to dealing with human samples, clinical trials, animal experiments and public reaction to their research/business. Concerns about future problems relating to intellectual property rights (IPRs) were not raised by any of the companies. A number of different systems were in place to deal with bioethical issues although some companies said they did not need any specific system to deal with any problems which might arise.


1969 ◽  
Vol 8 (4) ◽  
Author(s):  
Paul Rodgers ◽  
David Catton ◽  
Gavin Scott Duncan

The authors discuss their experiences in starting up life science companies in the academic sector as a means of identifying the key issues and highlighting ways of addressing these issues. Sheffield University Enterprises Ltd has led the formation of over 30 companies at Sheffield University in the past three years, many of which are in the biotechnology sector. Ithaka Life Sciences Ltd specialises in supporting the formation and growth of life science businesses by providing specialist expertise to assist the founders; it works with a number of universities and emerging companies around the UK. The paper focuses on the technical, commercial, intellectual property, financial and, above all, practical aspects of working with academic scientists to found biotechnology companies.


2005 ◽  
Vol 11 (4) ◽  
Author(s):  
Kirsten Leute

Stanford University's Office of Technology Licensing (OTL) has a long history of licensing technologies to biotechnology start-up companies. This paper presents (1) examples of how the OTL works with biotechnology start-ups to negotiate licence agreements for Stanford-owned intellectual property, taking into account a new company's scarce financial resources and needs but their large intellectual property appetite; and (2) an analysis of the rate of success of biotechnology companies emerging from Stanford based on information obtained from the equity records at Stanford's OTL. OTL started taking equity more often in start-up companies in the mid-1990s and generally takes equity as part of most exclusive licences to early-stage companies.


1969 ◽  
Vol 15 (3) ◽  
Author(s):  
Catherine Sun ◽  
Sharon R Barner ◽  
Harold C Wegner

The protection of intellectual property (IP) involved with manufactured goods comprises many aspects: Without even touching upon patents, these aspects include trade secrets and trademark protection, both very important in the classic protection of a pioneer manufacturer's product line and reputation. Yet it is well known that in China, Western companies have had challenges using trade secrets to safeguard IP. Trademark protection also has weaknesses, particularly as competitors often use Chinese marks that are very similar to the trademark – a situation that is difficult to control with typical trademark remedies. The China 10-Point Patent Checklist (Checklist) provides only starting points or guidelines for technology-based outsourcing operations – including biotechnology companies – doing business in China. The Checklist does not address comprehensive enforcement strategies such as deciding where to bring an action: in the United States (or Japan, Germany or another applicable importing country) under Western laws and Western patents, in China itself or in both countries.


2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Silvia Hüttner ◽  
Anton Johansson ◽  
Paulo Gonçalves Teixeira ◽  
Puck Achterberg ◽  
Ramkumar B. Nair

AbstractFor centuries, filamentous fungi have been used in the making of food and beverages, and for decades for the production of enzymes and pharmaceuticals. In the last decades, the intellectual property (IP) landscape for fungal technology has seen an ever increasing upward trend, introducing new and promising applications utilising fungi. In this review, we highlight fungi-related patent applications published during the last 5 years (2015–2020), identify the key players in each field, and analyse future trends. New developments in the field of fungal technology include the increased use of filamentous fungi as a food source (mycoprotein), using fungi as biodegradable materials, in wastewater treatment, in integrated biorefineries and as biological pest agents. Biotechnology companies in Europe and the US are currently leading when it comes to the number of patents in these areas, but Asian companies and research institutes, in particular in China, are becoming increasingly important players, for example in pesticide formulation and agricultural practices.


2011 ◽  
Vol 55 (3) ◽  
pp. 319-324 ◽  
Author(s):  
Sally Frampton

In recent years, intellectual property in medicine has generated much debate, becoming one of the most significant issues in modern day medical ethics and linking in with wider discussions about the commercialisation of medicine and the commodification of the human body. Recent high-profile cases in the USA have centred on gene patenting, that having been enthusiastically practised by universities and biotechnology companies, is now having its legality questioned. The unexpected March 2010 ruling of a federal court against Myriad Genetics, which invalidated the company's patents on the BRCA1 and BRCA2 genes, has highlighted the complexities that now govern the ethical and legal tenure of asserting property rights over biological material.


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