Rebecca Eisenberg (University of Michigan Law School) raised intriguing questions about the proper roles of government and industry in genomic research. One consideration is who stands to benefit (and to lose) rom the private appropriation of genomic information. Controversy, she noted, is particularly acute over the intellectual property rights in large-scale cDNA sequencing data.

Genomics research involves a major commitment of both federal and private funds, and both groups have an interest in making use of the wealth of new discoveries, she noted. In addition, the implications for human health make public access crucial. Access also affects the interests of the young biotechnology industry, as well as the more established pharmaceutical companies. Eisenberg analyzed possible motivations behind recent steps taken by Merck & Co., Human Genome Sciences, and Incyte to develop databases of human gene sequences. The take-home lesson, she concluded, may be that the value of a rich public domain to both the public and private sectors has been underestimated