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Table of Contents
This study aims to identify the IP challenges faced by an organisation due to some patent issues. This study revolves around a case study of a research scientist at a new start-up company who buys a novel monoclonal antibody from a reagent supply organisation. The scientist modifies the existing antibody into a new drug that is highly recommended in combating with COVID-19 virus. However, various legal allegations arrived by the original company who sells this antibody (Palisoc et al. 2017). This study will answer various questions of the case study such as the involvement of the stakeholders the challenges faced by the stakeholders there is better associated with this scenario etc.
There are many stakeholders in this IP challenge scenario such as the members who are working on this new drug and the suppliers who supply the raw material to the organisation. The research scientist and the entire team are the main stakeholders in this IP challenge scenario. The entire organisation and the members associated with the organisation in making antibody are the key stakeholders in this IP challenge scenario. There are various implication arises when research is conducted in an organisation and university (Woltenberg and Taylor 2018). The scientist researched an organisation, therefore, the legal policies are different because any scientist can research in a university without any interference but when it comes to research in an organisation then various policies need to be considered.
Stakeholders that are involved in the IP challenge scenario are the company who is manufacturing antibody from a reagent supply company. Some of the stakeholders involved in product manufacturing as the organisation is creating IP protected patents because of the organisation design products from the raw material used from the other one. Four types of intellectual property are IP included that is trade secrets, trademarks, copyrights and patents (Skinner, Robson and Vien 2020). The IP that protected the organisation is the patent that protects functional and ornamental features. Utility patent and design patent indicates that IP is protected for some of the members.
Their various risk associated with the patent and design as the organisation needs to analyse all the risk and implement strategies that could help the organisation to eradicate the challenges. There are various risk associated with organisations such as internal and external risk. External risk comprises of infringement off the third party which cost of defence or licensing. On the other hand internal risk associated with lack of exclusivity or laws of revenues. The organisation stakeholders will face external IP risk that addresses the force licensing under a favourable condition and the IP invalidation attempts by other parties. However, there are certain times when the organisation face revenue losses which are a crucial problem and the cash flow of the organisation depends upon it (Hayes, Martineau, Schirmer and Cyr 2020). The IP department of the organisation must be very crucial in maintaining the intangible asset that gives organisation strength to fight against.
The action that each stakeholder has taken right at the start of the research project is signing up a petition with the other organisation. The organisation needs to be very clear with the uses of the antibody because the organisation is providing raw material needs to know the basic use of this antibody. If an organisation makes collaboration with the US-based organisation who is supplying raw material than all these things won't happen and the flow of working will be smooth without any legal action taken by other organisation. The basic step that an organisation needs to take is to make collaboration with the US-based organisation and make a contract with them so that this complication won’t bother in future.
The start-up company put on the legal allegations on the organisation because the use of their raw material is not legal. After all, the research is conducted in the organisation, not in the university. The IP challenge organisation is to face is the use of raw material without any consent with the organisation. Therefore the organisation does not provide freedom to operate as they use raw material or antidote for the research work of COVID-19 (El Said 2018). Apart from this organisation have the entire patent against the raw material they are delivering to the organisation therefore legal action will highly impact the organisation working.
The action that the US Company can take against the organisation is the legal action against them. There are various rules and regulation in terms of patents that every organisation must follow. However, the rules and regulations of the patent are quietly different in the US therefore many organisation don’t understand and if this new start-up won’t understand then it became an advantage for the organization. The organisation can file a case against the organisation for using their raw material without their consent for the research work. This will be a very strong case against the organisation for the US Company. The other action that the organisation take is to make a collaboration with the organisation and make a strong deal that turns into profit for both of the organisation. However, the organisation can also file a case on other company and can demand high charges for using their raw material for their research (Hayes, Martineau, Schirmer and Cyr 2020). Organisations need to follow all the rules and regulation of IP that is under the rules and regulations followed by US-based companies.
It is concluded from the study that there are many stakeholders in this IP challenge scenario such as the members who are working on this new drug and the suppliers who supply the raw material to the organisation. The research scientist and the entire team are the main stakeholders in this IP challenge scenario. The action that each stakeholder has taken right at the start of the research project is signing up a petition with the other organisation. The organisation needs to be very clear with the uses of the antibody because the organisation is providing raw material needs to know the basic use of this antibody.
El Said, M. 2018. Rethinking the foundations of intellectual property: applying Islamic principles on selected contemporary IP challenges. In Kritika: Essays on Intellectual Property. Edward Elgar Publishing.
Hayes, V., Martineau, C., Schirmer, J., and Cyr, P. 2020. The Impact of an interprofessional education Curriculum on Medical, Pharmacy and Social Work Students’ Interdisciplinary Perceptions and Teamwork. [Online]. Available at https://knowledgeconnection.mainehealth.org/lambrew-retreat-2020/79/. [Accessed on 28th August 2020]
Palisoc, A. J. L., Matsumoto, R. R., Ho, J., Perry, P. J., Tang, T. T., and Ip, E. J. 2017. Relationship between grit with academic performance and attainment of postgraduate training in pharmacy students. American journal of pharmaceutical education, 81(4).
Skinner, K., Robson, K., and Vien, K. 2020. Interprofessional education: a unique approach to addressing the challenges of student assessment. Journal of interprofessional care, 1-10. DOI: https://doi.org/10.1080/13561820.2020.1780202
Woltenberg, L., and Taylor, S. 2018. Successes, challenges, and impact of a large-cohort preclinical interprofessional curriculum: a four-year reflection. Currents in Pharmacy Teaching and Learning, 10(5), pp. 662-668.
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