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Pathways Across the Valley of Death: Novel Intellectual Property Strategies for Accelerated Drug Discovery

By Arti K. Rai, Jerome H. Reichman, Paul F. Uhlir and Colin Crossman


Drug discovery is stagnating. Government agencies, industry analysts, and industry scientists have all noted that, despite significant increases in pharmaceutical R&D funding, the production of fundamentally new drugs - particularly drugs that work on new biological pathways and proteins - remains disappointingly low. To some extent, pharmaceutical firms are already embracing the prescription of new, more collaborative R&D organizational models suggested by industry analysts. In this Article, we build on collaborative strategies that firms are already employing by proposing a novel public-private collaboration that would help move upstream academic research across the valley of death that separates upstream research from downstream drug candidates. By exchanging trade secrecy for contract-based collaboration, our proposal would both protect intellectual property rights and enable many more researchers to search for potential drug candidates

Topics: Drugs, Patent medicines, Inventions, Antitrust and Trade Regulation, Intellectual Property Law, Law, Medical Jurisprudence
Publisher: Duke University School of Law
Year: 2008
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