Dynamic Patent Governance in Europe and the United States: The Myriad Example

This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees patent examination agencies as the sole actor of importance within the patent system. Second, dynamic patent governance, within its informal dimensions, highlights that the patent administrative regime is shaped by the fluid relationship of diverse actors to these heterogeneous administrative actors. Section Two explores the consequences of a more dynamic patent governance context. Section Three applies this model to explore the recent Myriad litigation in the United States and Europe. Section Four focuses on some particular challenges that dynamic patent governance poses to: (1) the impulse to centralize patent administration and litigation; and (2) the efficiency of the patent system

Bringing access and benefit sharing into the digital age

ACKNOWLEDGEMENTS The views and opinions expressed in this article are those of the authors and do not necessarily reflect the official policies or positions of their affiliated institutions. This work was supported by the Swiss National Science Foundation (#31003A_172977) and the Research Foundation (FWO) Flanders (grant n°12X8318N).Peer reviewedPublisher PD

Marketing of unproven stem cell-based interventions:A call to action

Commercial promotion of unsupported therapeutic uses of stem cells is a global problem that has proven resistant to regulatory efforts. Here, we suggest a coordinated approach at the national and international levels focused on engagement, harmonization, and enforcement to reduce the risks associated with direct-to-consumer marketing of unproven stem cell treatments

Towards a New Patent Paradigm in the Biomedical Sector ? Facilitating Access, Open Innovation and Social Responsibility in Patent Law in the US, Europe and Japan.

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