https://orcid.org/0000-0001-5709-3621
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ABSTRACT
Research and development (R&D) in the pharmaceutical sector traditionally operated with in closed, siloed institutional settings, driven by intellectual property rights concerns that viewed data sharing as a threat. However, the evolving scientific landscape demands a more collaborative approach involving external engagement and dynamic partnerships. To address this, a hybrid contractual framework combining smart contracts, non-fungible tokens (NFTs), and traditional licensing schemes is introduced. This framework was developed through an experimental pilot platform that adhered to FAIR data principles, allowing participants to store, find, and reuse data related to drug discovery. The platform utilizes blockchain technology to document real-world assets in an immutable digital ledger. Smart contracts and NFTs offer an open and global collaborative platform for advancing drug research assets, overcoming hurdles related to standardization, interoperability, and disclosure. This framework aims to reconcile the conflict between the demand for greater data sharing and the protection of rightsholder interests in pharmaceutical R&D. By providing mechanisms for resolving practical challenges, it facilitates further cooperation and innovation in the field.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Correction Statement
This article has been corrected with minor changes. These changes do not impact the academic content of the article.
Notes
1 Regulation (EU) 2016/679 of the EP and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, OJ 2016 L 119, 1 (General Data Protection Regulation, GDPR).
2 Smart contracts are self-executed, tamper-proof and autonomous digital agreements in the form of computer code hosted on a blockchain. For a full recount of smart contracts and different use cases see; Corrales Compagnucci, Fenwick, and Wrbka (Citation2021) and Corrales Compagnucci, Fenwick, and Haapio (Citation2019).
3 Non-Fungible Tokens (NFTs) are financial securities consisting of digital data representing real-world objects such as art, music, videos, etc. They are stored in a blockchain and can be transferred, sold and traded by the owner. Unlike cryptocurrencies (fungible tokens), they are characterized by having a unique identification code and metadata that distinguishes them from each other (“What Is An NFT? – Forbes Advisor” Citationn.d.).
4 Permissioned blockchains only authorize access to certain users with permissions. Decisions are typically based on a majority vote and users may have only partial access to a selected subset of the data granted by the administrators (Corrales, Jurčys, and Kousiouris Citation2019, 190).
5 For example, Art. 2(5) Berne Convention, referring to ‘collections’.
6 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the Legal Protection of Databases (“Database Directive”) Art. 3(1).
7 Database Directive, Art. 1(2).
8 Database Directive, Art. 7(1).
9 This level is also inspired in the Elinor Ostrom approach which focuses on the use of common-pool resources and the various routes to control such resources (Ostrom Citation2015; Citation2000).
10 Patents and trademarks are by no means affected by this license (“Creative Commons – CC0 1.0 Universal” Citationn.d.).
11 Berne Convention, Art. 6 bis.