This master thesis investigates whether it is possible to utilize healthcare data from clinical biobank and create relational rents in a public-private research collaboration by using strategic contracting. The thesis sets of by analysing the legal framework for the application of healthcare data from a clinical biobank in a public-private research collaboration. The application of healthcare data from a clinical biobank is regulated by several laws. The analyse shows that the use healthcare data from a clinical biobank in a research collaboration is dependent on the patient’s informed consents. The next step was to analyse how ownership and intellectual property rights of healthcare data are distributed and which opportunities and constraints this brings for the use of healthcare data pubic collaboration. The legal position gives the collaboration well-defined ownership rights and the possibility to obtain intellectual property rights protection of healthcare data in a database. This creates good opportunities to exploit healthcare data in the collaboration. Furthermore, the thesis examines the importance of knowledge sharing and how the collaboration can secure an effective exploitation of the knowledge sharing. It was concluded that each party possesses complementary knowledge that has great value for the other party. An effective exploitation of the knowledge sharing is dependent on the collaboration absorptive capacity. The thesis investigate how it is possible to create incentive compatibility between the parties. The analysis showed that the contract creates incentive compatibility between the parties through a mix of behaviour-based and outcome-based indicators, relation-specific investment and ensuring an effective governance. Finally, the thesis presents contract provisions that creates relational rents in a public-private collaboration. The contract provisions create an effective governance, which gives the parties in the research collaboration an incentive to make relationship-specific investments, knowledge sharing, and exploiting complementary resources.
|Educations||MSc in Commercial Law, (Graduate Programme) Final Thesis|
|Number of pages||119|
|Supervisors||Kim Østergaard & Bent Petersen|