Balancing private innovation incentives, including patents with public access to the fruits of innovation continues to be challenging. IP rights restrict public access by reserving monopoly control to the rightsholder, requiring those wishing to access the technology to contract with those rightsholders. In this paper, we argue that these contracts which underpin the translational R&D process are an under-explored potential means by which a policy balance within the IP system can be achieved. IP safeguards can, and should, be more widely incorporated into those contracts, to preserve the interests of the public, especially where public funds and resources have spearheaded the innovation process. Greater attention to the contractual terms throughout the translational development chain is a necessary and practically realisable way to achieve this fair balance. Key stakeholders in the translational research chain can make important changes to policies and practices for contracting, in order to enhance the wider public interest.
