Hello everyone,
I want to know if isolating a bacterial strain from a commercial product (e.g. probiotic capsules) and working on its characteristics needs permission from its producer company? is it legally possible to publish such an article without any permission? is there any restriction on publishing it?
Shadi,
I would ask for permission any time that you are working with a commercial product just to be safe because:
- While my lay interpretation (I am not a lawyer and I definitely would suggest that you do consult one) is that it is fair use (in case you cite the trademark) and you are doing this for non commercial use (which would forgo any patent infringement).
- You give them a heads up in case negative results do happen
- They may be interested in your research and collaboration may arise
Doing the research with private funding may give rise to other problems that I am assuming are not present in your case.
Hope this helps
In general, once you buy a product, it's yours to do with as you wish.
The rare exception is a product that can reproduce itself, like a bacterium, or seeds for a recombinant crop. IF there's a patent on the bacterial strain itself - and IF it's a patent issued in the country where you're working - then culturing the strain would be "making" the product. Otherwise, you face no restrictions.
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