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Los Angeles Times Editorial of April 27 Missing the Boat on Stem Cell Issues

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




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