The broad charge to the Working Group is to investigate the impact on biomedical research of restrictions on access to proprietary research tools. An important part of this effort is to obtain information from a broad range of perspectives on the nature and extent of the proprietary restrictions on access to and use of research tools and the competing interests at stake. The Working Group is further interested in knowing the sources of restrictions that have been problematic, how common they are, and the nature of the problems they present. It is expected that some terms and conditions may have an immediate impact while others will raise concerns about their future impact.
Information regarding both types of effects is important.
It would be particularly useful to see specific examples that document the perceived problem and concerns. Anecdotes from scientists and professionals involved in licensing and MTA transactions can help illuminate the types of problems that have been encountered. The Working Group recognizes that many institutions will find it important to preserve the value of research tools as commodities, and that valuation of these tools may be extremely difficult in the short term. Thus, in addition to understanding the problems that proprietary restrictions on research tools create, the Working Group also wants to understand the forces and needs that lead organizations to seek intellectual property rights on research tools and to employ restrictive language for their use in MTAs or licensing agreements. Finally, the Working Group is seeking suggestions, models and case studies that have worked or might work well and in which these issues have been successfully resolved.