Publication Year


ISBN: 9781552213537-22


Emerging Academic Scientists’ Exclusionary Encounters with Commercialization Law, Policy, and Practice

From: Intellectual Property for the 21st Century


Academic laboratories are, increasingly, sites of commercialization. While empirical evidence about the impact of the emphasis placed upon commercialization by governments, research funding agencies, and research institutions, and the attendant growth of commercialization activities in the academic sphere has been gradually accumulating, much of this evidence is tied to established academic scientists. Comparatively little empirical research has focused upon emerging academic scientists. Therefore, the purpose of this chapter is to identify a set of concerns flowing from emerging academic scientists’ encounters with commercialization laws, policies, and practices. The chapter proceeds in three parts. In Section B, I describe contextual changes related to commercialization in the academic realm as well as a range of commercialization activities that emerging scientists are increasingly apt to be exposed to as they pursue scientific careers. In Section C, I identify two “exclusionary encounters” that emerging scientists are likely to have with commercialization laws, policies, and practices. These encounters pertain to 1) inventorship of patentable discoveries, and 2) intellectual property ownership. By way of brief conclusion in Section D, I set out one hypothesis for future empirical inquiry.



Matthew Herder

Professor Herder teaches primarily in the Faculty of Medicine, across the undergraduate and postgraduate curricula, on a variety of health law top-ics, including informed consent, patient-physician confidentiality, and regulation of the medical profession. Prior to joining the faculty at Dal-housie, he taught in the areas of bioethics and intellectual property law at Loyola University Chicago’s School of Law. Professor Herder’s research interests cluster around biomedical innovation policy, with particular focus on intellectual property law and practices connected to the commer-cialization of scientific research. As part of a three-year research project funded by the Canadian Institutes of Health Research, Professor Herder (Principal Investigator) and a team of interdisciplinary researchers are currently collecting empirical evidence about the interrelationships be-tween commercialization laws, policies, and practices, and emerging health researchers. Recent works include an article calling for greater transparency in drug regulation published in the Canadian Medical Association Journal, a paper detailing physician-industry relationships in Open Medicine, and an empirical analysis of patenting by academic researchers in IDEA: The Intellectual Property Law Review.