Resolving the open source paradox in biotechnology: A proposal for a revised open source policy for publicly funded genomic databases

Abstract

This article contends that the open source data access policy adopted by the International HapMap Project, a large-scale, publicly funded genomic database, fails to protect against the dangers of parasitic patenting, the filing of patent applications that block other users' access to the data. The Article analyzes the shortcomings of the HapMap Project's open source policy and proposes an alternative that preserves some features of the open source approach while providing additional protection against parasitic patenting. Part 2 provides a brief background on the aims and data access policy of the HapMap Project. Part 3 describes the shortcomings of the HapMap data access policy. Part 4 then proposes an alternative data access policy that preserves some features of the open source approach while also providing enhanced protection against parasitic patenting.