Innovation Patent

Incentives through Recognition? Nobel Assembly sued for libel and unfair competition


Image from here
Incentives have generally proven troublesome in the context of the intellectual property regime. Right from questioning whether the correct amount of incentives are being given in terms of 20 year exclusionary periods (See for eg, 8th and 9th para of my previous post on Patents and Innovation here), to more fundamental questions of how much, if at all, external incentives are required in the first place. (See for eg, Eric Johnson’s paper on IP and the Incentive Fallacy). While the IP regime mostly refers to methods of appropriation of financial incentives, it also in a more limited manner recognizes other incentives such as gains in reputation.

While trying to find panaceas for the laundry list of problems with the IP regime, various forms of the prize system are often touted as the most viable alternatives/parallels to incentivizing innovation. Unfortunately, it appears that prize systems too fall prey to the problems of recognizing and awarding non-financial incentives too. At least, the Nobel Assembly at Karolinska Institutet, Sweden seems to be facing such issues. 

One of the world’s leading scientists, Dr Rongxiang Xu has recently filed a suit against the Nobel Assembly for statements it made while awarding the Nobel Prize in Physiology or Medicine to Sir John Gurdon and Dr Shinya Yamanaka in October 2012. The prize was awarded to them for ‘showing that mature cells can be reprogrammed to become pluripotent, with the ability to grow into different tissues in the body’. 
However, apparently Dr Xu discovered regenerative cells in 1984 and “(t)his was confirmed to be keratin-19 positive stem cell after 2000 (US patent 6991813B2) during his study of burn treatments, which has benefited over 20 million burn victims in 73 countries.” (See here for source). The suit has been filed in a California court, for libel and unfair competition. 
According to this website, “Dr Xu claimed that his good reputation in the community was defamed by the conduct and the statement published by the defendants (Nobel Assembly). The suit alleges that the Nobel Assembly has been successful in garnering media attention for their Nobel Prize announcements in essentially every major news organizations and publications world-wide, proving that they can affect the perception of an individual by misreporting information.” In relation to the award, the Nobel Prize jury stated, “Their findings have revolutionised our understanding of how cells and organisms develop,” and “created new opportunities to study diseases and develop methods for diagnosis and therapy.” 
Dr Xu believes that this is detrimental to his own reputation as he already discovered this over a decade ago. He stated, “I am concerned about the statements made by the Nobel Assembly. I seek clarification regarding the issue of ‘pluripotency by reprogramming’ as it has been incorrectly stated and this can impact the safety of human life. I hope the Nobel Assembly can clarify what its ‘pluripotency’ means, is it completely conforming with the nature of human life? Or, is it the pluripotency of human cancer cells.”
While my knowledge in this area is next to nothing, there’s a certain compilation of statements that make this seem very curious to me. Firstly, Dr Xu describes himself as the founder of “human body regenerative restoration science”. And then, the Nobel Assembly claims that they have never heard of him (!). 
According to PR Newswire, this is difficult to believe as this would mean the Nobel Assembly not only missed the US patents involved here, but also completely missed his exclusive interviews by Sweden’s Ministry for Education and Science and Sweden’s national television covering human body regenerative science. They say, ‘The Nobel Assembly’s lack of acknowledgment is difficult to fathom considering the fact that Dr. Xu has a lifetime achievement in in situ regeneration research and is known worldwide as a pioneer in the field of regenerative medicine.”
While this may be the first suit against the Nobel Assembly, this is certainly not the first time that the award has been controversial. In fact, we’ve covered a controversy by the same committee just a few years ago here. Brij Agarwal gives some more examples over here. (And of course, this is without going into the more controversial Nobel Peace Prize awardees) 
Controversy aside, this does raise a question in my mind with regard to incentive structures in innovation policy. If true, this means that for one of the world’s most important discoveries, reputation turns out to be a big factor in terms of how the scientist would like to be ‘rewarded’! It’s no surprise that scientists do a lot of work for peer recognition as well as for scientific curiousity — but perhaps we should start focusing on how to tweak innovation systems to make more use of these incentives and felicitate them more appropriately.

5 comments.

  1. Rahul

    Absolutely trash post. How could spicyIp team publish this? There is VAST difference between “programming a mature cell to get back into being a stem cell” and applying beeswax to treat wounds. That patent discloses composition that, may be, give environment, at the site of injury, for the cells there to reconstruct via stem cell route. If anything, that patent stands nowhere in front of the pioneering work by Sir Gurdon. And who says Dr Xu is “world famous” ? World famous scientists are not listed as inventors beeswax composition patents. He doesn’t even seem to have 10 papers published in his names. Sir Gurdon’s work is as old as history of cloning, his sheer number of publications tell the devotion of this great scientist of present times. And what he has done is not “applying beeswax” but “programmed” a mature cell to develop into a stem cell

    I hope you realise difference between a newswebsite and a blog. While news website is mostly run by hungry for news editors and half-witted reporters, a specialist blog like spicy ip is run by “fact checkers”, the “people on ground”, “the specialists”. Please do not just report news, do some research before coming up with lines like “how nobel committee overlooked this patent” And Nobel committee was right in claiming that they do not know this “world famous” Dr Xu, since no body knows every ABC inventor listed on any random ABC patent.

    Reply
  2. Prashant Reddy

    Rahul – There is a certain decorum that we expect from people who comment on SpicyIP. This is the last time that we are going to publish such an arrogant and rude comment – for future notice, if you can’t comply with basic norms of civility please stop reading SpicyIP and go start your own blog. I hope I’ve made myself clear to you.

    Regards,
    Prashant

    Reply
  3. Rahul

    Prashant

    I hope we are living in a society where we have certain level of tolerance for ‘harsh words’. I have not violated any decorum of this blog. And if I have, then your sermons on asking readers to start their own blog is also outside the decorum of this blog. Your blog is now very much a public forum and not a private blog with limited readership. Therefore, one expects that its editors come down from their high horses of conceit and take all kind of comments in their stride rather than giving lectures on starting own blog. I stopped such behaviour, of asking my classmates to get their own balls and bats if they can’t play with ‘my rules’, back in primary. You also stop it now.

    Regards
    Rahul

    Reply
  4. Prashant Reddy

    Rahul,

    There is a difference between ‘harsh words’ and ‘trash talk’. You have no business calling anything on this blog trash, except maybe for your comments.

    As for this blog being a public forum, the people who write on this blog control the manner in which it is run – if you don’t play by our rules we will not let your comments on this blog. If your reply to this comment is rude, you will be headed to our spam folder.

    The sooner you understand that, the better for you.

    The general tenor of most of your comments reveals a certain immaturity and arrogance. We’ve given you a long leash so far on the blog – hereinafter your comments are going to be blocked if you don’t mind your language.

    Prashant

    Reply
  5. Anonymous

    I for one agree with Rahul and request him to agree with the author as well when he says, ‘my knowledge in this area is next to nothing…’.

    The problem is that the author instead of taking this statement literally has taken it quite philosophically…(‘nothing’ could be compared to zero and zero encompasses everything according to Hindu concepts…the universe, to be precise….)

    Chill and Cheers…

    Reply

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