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Abstract
As patents and other forms of intellectual property become more pervasive in the next
generation of biotechnologies, designing policies and practices to ensure sufficient
freedom to operate (i.e., the ability to practice or use an innovation) will be crucial for
non-profit research agencies, especially those intent on developing technologies
destined for commercial release. Are non-profit organisations exempt from intellectual
property claims? What constitutes infringement of a patent? How does a non-profit
establish its freedom to operate? We address these issues in this paper and evaluate
various options for accessing other people’s technologies. Options include crosslicensing
agreements, research-only or cost-free licences, market segmentation
strategies, mergers or joint ventures, and patent pooling or clearinghouse mechanisms.
Responding creatively to the new intellectual property environment will have far
reaching consequences for the future of non-profit research.