Discussion on the construction of the biotechnology patent pool — From the aspect of the tragedy of anti-commons

摘要

“Tragedy of the anti-commons” is a problem which is more and more serious faced by many emerging technologies including biotechnology. The research and practice show that the construction of the patent pool is an effective countermeasure. This paper analyses the formation and solution of the “tragedy of the anti-commons”, discusses the advantages of the patent pool as a countermeasure, explains the necessity of the construction of the biotechnology patent pool and presents the measures to form the biotechnology patent pool.