| In an April 27 editorial titled "Let the science begin," the | | | | conflicting aims."The Los Angeles Times recognizes |
| Los Angeles Times jumps from the Alameda County | | | | that treatments are not around the corner: Even if |
| Superior Court decision upholding the constitutionality of | | | | research started tomorrow, any stem cell treatments |
| Proposition 71 to then discuss and oppose Senate Bill | | | | are years away, which makes the legal delay that |
| 401 of Deborah Ortiz on the basis that CIRM should be | | | | much more frustrating. A problem is that the Times |
| given the chance to work out its rules and begin its | | | | has not connected the dots to appreciate how this |
| important research before the Legislature starts | | | | delay impacts the concept of "a fair share of profits |
| micromanaging every aspect of its work. The overall | | | | made from medical discoveries."The Los Angeles |
| gist of the editorial, consistent with the title, is "we've | | | | Times has not recognized that California researchers, |
| had enough of this legal stuff; let's get going on the | | | | merely to get started in research, may have to infringe |
| science." The problem with this is that the legal stuff is | | | | upon the patent rights of others. In the worse of all |
| going to impact the science, whether or not the Los | | | | possible hypothetical worlds, wherein such activity is |
| Angeles thinks that to be a just result.Somewhere in | | | | not excused by a research exemption, such patent |
| the middle of the editorial is a statement that bears | | | | holders might get an injunction against researchers in |
| scrutiny:It may have taken more protest and rancor | | | | California. This is a real show-stopper. The potential |
| than it should have to get the governing committee to | | | | impact of such a measure was seen in the RIM case |
| make its dealings transparent, ensure that any future | | | | concerning BlackBerries and is being investigated in the |
| treatments are accessible to the state's poor and | | | | eBay case now before the U.S. Supreme Court.To be |
| provide the public with a fair share of profits made | | | | helpful to Proposition 71, the Los Angeles Times needs |
| from medical discoveries. But in recent months, the | | | | to get a fuller grasp of "where" CIRM currently is and |
| agency has addressed these concerns. It also has | | | | "what issues" it needs to resolve, especially in the |
| adopted top-notch standards for research ethics and | | | | intellectual property area.The present ezine article is |
| the protection of potential egg donors.One would think | | | | related to Ebert, Lawrence. (2006, April 12). Los |
| that the issue of patent royalties arising from patents | | | | Angeles Times Article Way Off Base on Stem Cell |
| generated through Proposition 71 was a done deal. It | | | | Issues. EzineArticles. Retrieved April 28, 2006, from B. |
| isn't. Furthermore, the issue of having to pay patent | | | | Ebert is a registered patent attorney located in central |
| royalties to third parties, such as Wisconsin's WARF, in | | | | New Jersey. He holds a Ph.D. from Stanford, a J.D. |
| order to conduct stem cell research at all has not been | | | | from the University of Chicago, maintains a blog at |
| addressed.The basic objectives of Proposition 71 are | | | | IPBiz.blogspot.com, and is the author of LESSONS TO |
| not even clear. In the last month, Ed Penhoet chair of | | | | BE LEARNED FROM THE HWANG MATTER: |
| the IP Task Force of CIRM, has said"What are we | | | | ANALYZING INNOVATION THE RIGHT WAY, |
| really attempting to do? Are we trying to drive | | | | published in the Journal of the Patent & Trademark |
| therapies as rapidly as possible? Are we trying to | | | | Office Society [88 JPTOS 239 (March 2006)], which |
| stimulate business in California? Do we want to grow | | | | article includes a discussion of Hwang's claim to patient |
| small companies? There (is) a whole set of potentially | | | | specific stem cells. Ezine draft submitted April 28, 2006. |