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Intellectual Property Rights of Nanobioinformatics in Related International Conventions
Volume 12, Issue 2

Maryam Ahmadi and Leila Ahmadi

Nanobioinformatics has clearly emerged as a key player in the realm of biomedical sciences and pharmaceuticals. The nanobioinformatics field continues to grow rapidly, and companies investing time and money in this area will likely see the need for adequate intellectual property protection for such technologies as a key issue. In fact, it is often argued that the continued advancement of the field of nanobioinformatics movement is highly dependent on the ability to obtain intellectual property protection, and particularly patent protection, for such innovations. The nanobioinformatics community needs to provide guidance to its members regarding intellectual property matters. Nanobioinformatics comprises a wide array of components, and it follows that a wide array of protection might be available, depending on the particular nature of the nanobioinformatics component and its intended use such as from patent, copyright, trademark, trade secret protection. Because of the tremendous growth and investment in the field of nanobioinformatics, it is important to consider whether IP protection is available to offset the cost of development and create new efficiencies. The IP protection of nanobioinformatics is still in the begging and there will be a lot of discussions on this hot point of innovation. In this paper, current problems and intellectual property practice in the nanobioinformatics are presented and analyzed. The paper just aimed to outline the framework of main types of intellectual property forms of nanobioinformatics. This paper presents current and global position of IP protection in bioinformatics database. In this lightning talk, I will describe the manner in which several areas related to intellectual property, including patents, trademarks, copyrights, licensing and standards are more than likely to arise in each of the three main themes that have been identified as part of an envisioned system of nanobioinformatics. The key goal for nanobioinformatics will be to integrate a vast amount of biological data in order to recognize patterns which will assist in gaining important knowledge about health and disease, and which will in turn assist in finding ways to improve health and treat disease. With such an important goal in mind, it is crucial that intellectual property protections are sufficiently balanced with the need to ensure the open flow of data and preserve the collaborative nature of the science. It is this balanced approach in intellectual property regimes that will be crucial in maintaining the necessary elements required to drive the science and technology of nanobioinformatics forward. The paper seeks to analyze the diffusion process of biological information and develops an argument that nanobioinformatics primary database should be put in public domain, though they may be given financial subsidies by the government or other public funds according to the diffusion phase of biological information. Therefore, guidelines for sharing and proof-of-concept projects will help to ameliorate any cultural reticence toward information sharing, provided intellectual property interests are adequately represented.

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