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26 Duke J. Comp. & Int'l L. 1 (2015-2016)

handle is hein.journals/djcil26 and id is 1 raw text is: 










                PROMOTING ACADEMIC
   ENTREPRENEURSHIP IN EUROPE AND THE
UNITED STATES: CREATING AN INTELLECTUAL
     PROPERTY REGIME TO FACILITATE THE
 EFFICIENT TRANSFER OF KNOWLEDGE FROM
               THE LAB TO THE PATIENT


          CONSTANCE E. BAGLEY* & CHRISTINA D. TvARNO**

    In 2014, the European Commission announced the launch of a study
of knowledge transfer by public research organizations and other institutes
of higher learning to determine which additional measures might be
needed to ensure an optimal flow of knowledge between the public research
organisations and business thereby contributing to the development of the
knowledge based economy. As the European Commission has recognized,
the European Union (EU) needs to take action to unlock the potential
of JPRs [intellectual property rights] that lie dormant in universities,
research institutes and companies.  This article builds on our earlier work
on  structuring efficient pharmaceutical public-private partnerships
(PPPPs), but focuses on the regulatory infrastructure necessary to
support the efficient commercialization of publicly funded university
medical research in both the European Union and the United States
(US. '). Our comparative analysis of the EU and US. approaches to
translational medicine shows that there are lessons to be shared. The EU
can apply the experiences from the US. Bayh-Dole Act and PPPPs in the
United States, and the United States can emulate certain of the open
innovation aspects of the European Innovative Medicines Initiative and the
tighter patenting standards imposed by the European Patent Office. Thus, a
secondary purpose of this article is suggesting amendments to the US.


Copyright C 2015 Constance E. Bagley and Christina D. Tvarno
      * Constance E. Bagley is a Senior Research Scholar at the Yale Law School and was
previously Professor in the Practice of Law and Management at Yale University, Associate Professor of
Business Administration at the Harvard Business School, and a partner of Bingham McCutchen LLP.
Both authors thank Susan Schillaci for her excellent research assistance.
      ** Christina D. Tvarno is Professor, Ph.D. in Public-Private Law, the Law Department,
Copenhagen Business School.

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