Patent Landscape GMMs

Intellectual Property Rights and Emerging Biotechnology

Greetings!

We invite you to participate in a questionnaire on Intellectual Property Rights (IPRs) regarding an emerging biotechnology market, Genetically Modified Mosquitoes (GMMs). As experts in patent law, we aim to gather an understanding of whether the current patent landscape is conducive to the expansion of GMMs for disease control and what logistical/ legal challenges could arise. The questionnaire is composed of 8 questions and optional space for additional comments at the end. The topics range from broad IPRs questions to specific GMMs inquiry. This questionnaire will take approximately 4- 8 minutes to complete.

Your participation in this study is completely voluntary. There are no foreseeable risks associated with this project. Your survey responses will be strictly confidential and data from this research will be reported only in the aggregate. Your information will be coded and will remain confidential. If you have questions at any time about the survey or the procedures, you may contact Chenoa De Freece by email [email protected]

Thank you in advance.

I Agree

Please complete each aspect of the demographic information.

* A. Work Association: International Body, Private Organization, Public Organization, University or Other

* B. Country of Residence: Africa, Americas (North & Central), Asia, Europe, Oceania or South America

* C. Primary Area of Expertise: Bio-Agriculture, Biomedical, Biopharmaceutical, Biotechnology Law, Public Health or Other

* D. Years in Profession: 0-3 yrs, 4-6 yrs, 7-9 yrs, 10 or more

Please select one answer per question from the menu below each question.

* 1. Do you believe patent reform is necessary for life biotechnology?

* 2. The ability to patent an idea legally provides exclusive rights to an inventor (public/ private company/ individual) to exclude all others from making, using and/or selling the invention. Is this the best policy for biotechnology inventions/ products for the common good?

* 3. Are patents a hindrance on “upstream” freedom-to-operate (FTO) development clearance for biotechnological products?

* 4. Are current patent laws within your country or adopted international laws promoting Intellectual Property Rights (IPRs) for biotechnology development?

* 5. Do the patent laws of the World Trade Organization (WTO) favor growth for developing nations on biotechnology products?

* 6. With the emergence of beneficial medically based biotechnologies, would the formation of patent pools be more advantageous for researchers and the public?

* 7. The US Court of Appeals for the Federal Circuit (CAFC) declared DNA molecules isolated from their natural state are patentable subject matter under 35 U.S.C. § 101) from Association for Molecular Pathology v. Myriad Genetics, Inc., No. 2010-1406 (Fed. Cir. Aug. 16, 2012). Do you agree with this decision?

Please select one answer unless you would like to comment. In this case, check your response and the comment box.

* 8. To date, two entities with specific biotechnology techniques manufacture and release manipulated mosquitoes into the environment. One company Oxitec LLC participates in commercial releases (Cayman Island, Brazil, Malaysia) and the University of Queensland performs experimental releases (Australia). Both mosquito products focus on Dengue disease control. In the future, GMMs biotechnology aims to manipulate mosquitoes against the Malaria parasite. Through the current patent laws, do you think there will be problems with transferring this form of mosquito control to lower- income nations, specifically within Africa?

For any questions or concerns, please contact Chenoa De Freece at the following email: [email protected]