However, see generally the interesting paper by Winickoff, D. E., Saha, K., Graff, G. D., “Opening Stem Cell Research and Development: A Policy Proposal for the Management of Data, Intellectual Property, and Ethics,” Yale Journal of Health Policy, Law and Ethics 9, no. 1 (2009): 54–126. See also Herder, M. and Brian, J. D., “Canada's Stem Cell Corporation: Aggregate Concerns and the Question of Public Trust,” Journal of Business Ethics 77, no. 1 (2008): 73–84.Google Scholar

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Interestingly, both the Michigan and Texas reports (the two most recent) characterize the situation as a “race.” The Michigan report notes: “But, in the race to find cures using embryonic stem cell research, Michigan is at a serious disadvantage.” See Goodman, and Berger, , supra note 7, at 5. The Texas analysis states, “Nonetheless, in the race among the states to find cures using embryonic stem cell research, Texas is currently a minor player and is at a serious disadvantage.” See Weinstein, et al., supra note 4, at iii.Google Scholar

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For example, the field of induced pluripotent stem cells has moved forward at a startling pace. See Baker, M., “Fast and Furious,” Nature 458, no. 7241 (2009): 962–965. But even in this promising area, significant challenges remain.CrossRefGoogle Scholar

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In addition, the track record of big science delivering on therapeutic promises is not great. See, for example, Little, M., Hall, W., and Orlandi, A., “Delivering on the Promise of Human Stem-Cell Research: What Are the Real Barriers?” EMBO reports 7, no. 12 (2006): 1188–1192, at 1190: “there is skepticism about the likely success of stem-cell research, on the basis of the historical experience of the hyperbole surrounding gene therapy since the early 1970s. As a result, the market has become more cautious about the promises of new technologies.” See also Giebel, L. B., “Stem Cells – A Hard Sell to Investors,” Nature 23 (2005): 798–800.CrossRefGoogle Scholar

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In the U.S., one could argue that the WARF patents have already had an adverse effect. For example, Lee, P., “The Evolution of Intellectual Infrastructure,” Washington Law Review 83 (2008): 39–122, at 95, has argued that “several years of exclusive rights have no doubt prevented some downstream research and development from occurring.” Others, however, disagree. See, for example, Vom Wege Dovi, J., “Speaking Words of Wisdom: Let It Be. The Reexamination of the Human Embryonic Stem Cell Patents,” Marquette Intellectual Property Law Review 12, no. 11 (2008): 107–130, at 120: “It can hardly be true that the WARF patents stifle research. Quite the opposite is true. Scientific progress is accelerated because researchers can use the WARF cells, rather than having to establish their own ES cell lines. Furthermore, the patents act as incentives for scientists to explore other avenues to design around the patents.” For a detailed review of the WARF story, see Golden, J. M., “WARF's Stem Cell Patents and Tensions between Public and Private Sector Approaches to Research,” Journal of Law, Medicine & Ethics 38, no. 2 (2010). The author notes that while the WARF situation may have caused undue expense, “[f]or those who believe in the value of a robust public sector for scientific research, it might be particularly reassuring that the story of WARF's stem cell patents reaffirms that biotechnology's public sector can work to reclaim research areas even when, whether due to conscious policy decision or unconscious mistake, public funding has initially vacated the field.” Further, Golden notes: “Whether or not one believes that WARF or Geron should be blamed for managing rights or claims of right in a way that has failed to optimize progress in HESC science, it seems undeniable that the United States patent system has helped to get the ball rolling in the first instance.”Google Scholar

See, for example, Vrtovec, K. T. and Scott, C., “Patenting Pluripotence: The Next Battle for Stem Cell Intellectual Property,” Nature Biotechnology 26 (2008): 393–395; and Plomer, A., Taymor, K., and Scott, C., “Challenges to Human Embryonic Stem Cell Patents,” Cell Stem Cell 2, no. 1 (2008): 13–17.CrossRefGoogle Scholar

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Id., at 17. The relatively recent push for open access to stem cell lines is an indication of both the research community recognition of the importance of collaborative interactions and the fact that there might be a problem brewing. See, for example, Taylor, P. L., “Research Sharing, Ethics and Public Benefit,” Nature Biotechnology 25 (2007): 398–401; this paper notes the importance of the guidance issued by the ISSCR regarding the sharing of data.CrossRefGoogle Scholar

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See, for example, Williams, C., “Australian Attitudes to DNA Sample Banks and Genetic Screening,” Current Medical Research and Opinion 21, no. 11 (2005): 1773–1775, at 1774 where it was found that “75% indicated concerns over commercialization and access to information by health insurance companies”; and Hoeyer, K. et al., “Informed Consent and Biobanks: A Population-based Study of Attitudes towards Tissue Donation for Genetic Research,” Scandinavian Journal of Public Health 32, no. 3 (2004): 224–229, at 227, where it is reported that avoiding the influence of “corporate interest” was one of the most important issues for the public. See also Levitt, M. and Weldon, S., “A Well Placed Trust?: Public Perceptions of the Governance of DNA Databases,” Critical Public Health 15, no. 4 (2005): 311–321, at 315.CrossRefGoogle Scholar

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Id., at 324. See also a recent study by Liu, H. and Priest, S., “Understanding Public Support for Stem Cell Research: Media Communication, Interpersonal Communication and Trust in Key Actors,” Public Understanding of Science 18, no. 6 (2009): 704–718, at 716. They found that “trust in university scientists is making a very positive contribution to the benefit perception.”CrossRefGoogle Scholar

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