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How to publish DNA sequences with copyright protection

Nature Biotechnology volume 20, page 217 (2002)Cite this article

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I propose here an approach to encoding that will allow genomics companies to make their sequences available to the public while retaining some intellectual property (IP) protection. Using this approach, such companies would transform the DNA sequences in their databases into music files (e.g., MP3 format). An external database user would copy this music file, transfer the copy to himself, and re-convert the music file into DNA sequence using a back-translation program. This back-translated DNA sequence itself would not be covered by copyright. However, IP protection may exist because the external user can access a DNA sequence only by copying of a copyright-protected music file. One hopes that the ability to obtain limited IP protection for DNA sequences will encourage institutions with genomic data to make their sequence databases publicly available.

Original works of authorship, such as music, literature and sculpture, are covered by copyright1. Nonnatural DNA sequences, to the extent they constitute works of authorship, may (N. Boorstyn, personal communication) or may not2 be protected by copyright. An example is the DNA sequence of an improved variant of a gene, generated by rational design or directed evolution. However, natural DNA sequences are generally considered not to be covered by copyright, as they are not works of authorship (N. Boorstyn, personal communication; ref. 2). They were not created by scientists, but simply uncovered.

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Figure 1: Harmonious sequence access.

References

  1. Boorstyn, N. Boorstyn on copyright, Vol. 1/2, 2d edn. (Boorstyn, N., 1994).

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  2. Cooper, I.P. Biotechnology and the law, Vol. 1–2. (Clark Boardman Callaghan, 1982).

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  3. http://geneticmusic.com/; http://www.algoart.com/

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Acknowledgements

Thanks to Neil Boorstyn and Sharon Fujita for their comments.

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  1. vice president of R&D, Maxygen, Inc., 515 Galveston Drive, Redwood City, 94063, CA

    Willem P.C. Stemmer

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  1. Willem P.C. Stemmer
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Stemmer, W. How to publish DNA sequences with copyright protection. Nat Biotechnol 20, 217 (2002). https://doi.org/10.1038/nbt0302-217

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