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Governing Knowledge Commons$
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Brett M. Frischmann, Michael J. Madison, and Katherine J. Strandburg

Print publication date: 2014

Print ISBN-13: 9780199972036

Published to Oxford Scholarship Online: November 2014

DOI: 10.1093/acprof:oso/9780199972036.001.0001

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Governing Genomic Data:

Governing Genomic Data:

Plea for an “Open Commons”

Chapter:
(p.137) 4B Governing Genomic Data
Source:
Governing Knowledge Commons
Author(s):

Geertrui Van Overwalle

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199972036.003.0005

Looking at the genome commons through the lens of the modified IAD framework, this chapter zooms in on the constitutive characteristics of the genome commons, in particular on the elements revolving around provisioning and consumption of the commons. Studying the modified IAD framework and the genome commons in depth reveals that property plays a vital role in both the provisioning and the consumption of the commons. The property/nonproperty dichotomy also plays a key role in the legal regimes and entitlements provisioning the commons, as well as in the legal institutions governing access to and use of resources to create a knowledge commons. This chapter argues that it would be desirable to manage genomic resources more often under an “open commons” model with symmetric access and use rules.

Keywords:   Genome, knowledge commons, open commons, IAD framework, intellectual property

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