Analysis of intellectual property sharing in international cooperation agreements involving human genetic resources in medical institutions: taking Peking University Cancer Hospital as an example
10.3760/cma.j.cn113565-20250218-00035
- VernacularTitle:浅析医疗机构涉及人类遗传资源的国际合作协议的知识产权分享
- Author:
Shuanglei KONG
1
;
Hualu TAN
;
Shuai MENG
;
Luopei WEI
;
Lingling BAI
;
Xuedong YAN
Author Information
1. 北京大学肿瘤医院暨北京市肿瘤防治研究所科研处，恶性肿瘤发病机制及转化研究教育部重点实验室 100142
- Publication Type:Journal Article
- Keywords:
Human genetic resource;
Intellectual property;
Medical institutions;
International cooperation;
Agreement
- From:
Chinese Journal of Medical Science Research Management
2025;38(4):314-319
- CountryChina
- Language:Chinese
-
Abstract:
Objective:To understand the current status and existing issues of intellectual property ownership arrangements in international cooperation agreements concerning human genetic resources, and to explore suggestions for medical institutions to strengthen the management of Sino-foreign cooperation agreements, in order to safeguard the rights of medical institutions to benefit-sharing and promote the sustainable development of international cooperation involving human genetic resources.Methods:This study reviewed the international cooperative scientific research projects approved or completed for filing by Peking University Cancer Hospital on the National Health Commission′s Government Service Platform from July 2019 to December 2024. This study analyzed the nature of the research and the provisions regarding patent rights and intellectual property rights of other scientific and technological achievements in the hospital′s international cooperation agreements with sponsors. Existing issues in intellectual property ownership arrangements was summarized, and corresponding recommendations were proposed.Results:A total of 390 international cooperation projects on human genetic resources were analyzed. Among them, there were 66 exploratory research projects, 138 marketing research projects, and 186 projects included both exploratory research and marketing research. Among the cooperation agreements containing exploratory research, 78.6% did not specify the specific connotation of exploratory research. All agreements stipulated that the hospital alone or jointly held the patent rights for the achievements generated from exploratory research. 15.1% of the agreements restricted the geographical scope of the patent rights, 13.1% restricted the hospital′s implementation of the patent rights, 8.7% unilaterally restricted the hospital's external licensing and transfer of the patent rights, and 43.7% did not stipulate the ownership of other scientific and technological achievements other than the patent rights.Conclusions:There is a lack of clear and standardized regulations regarding the scope of exploratory research. The intellectual property arrangements in the agreements show an interest-oriented tendency. The sponsors restrict the implementation, transfer, and licensing of shared patent rights by medical institutions through agreements. For other scientific and technological achievements derived from the cooperation, apart from patent rights, medical institutions have not fully exercised the rights stipulated by law. It is recommended that medical institutions clearly specify the scope of application of exploratory research. They should pay attention to the stipulations of specific rights such as the right to enforce, transfer, and license patents. They should also make full use of the enabling provisions of the law, clearly define in the agreement the ownership of other scientific and technological achievements and the distribution of rights and interests, so as to achieve a balance of interests with their partners.
