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5 Duke L. & Tech. Rev. [1] (2005)

handle is hein.journals/dltr5 and id is 1 raw text is: 






             BARRIERS TO INNOVATION:
   INTELLECTUAL PROPERTY TRANSACTION
     COSTS IN SCIENTIFIC COLLABORATION

                        MEGAN  RISTAU BACA'

                             ABSTRACT
        The institution of university science research has evolved over
    the past century, from one of open science and free information to
    one of competition and jealously guarded intellectual property
    rights. This iBrief analyzes the background factors driving the
    evolution of the institution of science, evaluates the net effects on
    the progress  of science, and considers potential short-term
    solutions to alleviate the legal transaction costs necessary for
    scientific collaboration.

                          INTRODUCTION
¶I      Negotiation, contracts, licensing, and lawyers in general only cause
headaches for most university scientists. Time spent doing paperwork or
dealing with legal issues only serves to detract from time scientists would
otherwise spend  on  valuable research.  Unfortunately for scientists,
intellectual property law and policy changes over the course of the 20th
Century, and particularly the last several decades, have produced a steady
increase in transaction costs necessary to facilitate scientific inquiry. These
intellectual property transaction costs increase the expense of performing
research and slow the pace of scientific progress. This iBrief examines the
legal and policy shifts impacting science, analyzes the resulting impact on
the scientific endeavor, and advocates for one organization's efforts to
minimize the transaction costs embedded in scientific collaboration.

      I. PARADIGM  SHIFTS  IN UNIVERSITY  SCIENCE  RESEARCH
¶2      Thomas Kuhn,  in The Structure ofScientifc Revolutions, famously
constructs the concept of a paradigm  shift to explain the process of
scientific change.2 Kuhn describes the cyclic emergence of scientific
novelties or discoveries which subvert the existing tradition of scientific



1 J.D. candidate, 2007, Harvard Law School; M.A in Sociology, Stanford
University, 2004; B.S. in Science, Technology & Society, 2004. Special thanks
to John Wilbanks, executive director of Science Commons, for his inspiration.
2 THOMAS S. KUHN, THE STRUCTURE OF SCIENTIFIC REVOLUTIONS 6 (3d ed.
1996) (1962).

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