Open Access News

News from the open access movement


Tuesday, September 13, 2005

The "tragedy of markets" is harming science

Birgitte Andersen, In the Shadow of the Intellectual Property Right (IPR) System, eGov Monitor, September 12, 2005. Excerpt:
Even though scientific inventions are not, in principle, allowed to be protected by patents, there is still an increased propensity to patent very fundamental inventions. Thus, in practice, the divide between science and technology is very blurred when it comes to patent policy. This comes partly from national policies encouraging universities to patent their scientific findings. For example, the US Bayh-Dole Act of 1980 encourages universities to patent their scientific findings and discoveries, and similar types of policies are now adopted worldwide....However, if the patent system helps certain ends..., it is still about taking very basic knowledge out of the public domain. Basic scientific findings should be kept in the public domain....It is the total openness of basic inventions from universities for multiple exploration paths in the market economy that makes the evolutionary process of technological advance more powerful, and it is from this advance we develop new science. Thus, the increased privatisation of scientific inventions or very fundamental knowledge is bad for the advance of both science and technology....We often hear the argument concerning the 'tragedy of commons'; about how goods and services become inefficient if they are open for all to exploit and use. However, there is also the other side; 'the tragedy of markets' when every bid of knowledge and creative expression become privatised.