POLICY INCENTIVES FOR INTELLECTUAL PROPERTY DEVELOPMENT

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POLICY INCENTIVES FOR INTELLECTUAL PROPERTY
DEVELOPMENT

• PEREZ W.J ODERO
• LEGAL CONSULTANT
• 5TH JUNE 2005

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SPECIFIC RIGHTS AND UNFAIR COMPETITION

• SUBJECT MATTER
• IPR BY APPLICATION
• DURATION
• FULL MONOPOLY?
• EQUILIBRIUM BY LEGISLATION

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JUSTIFICATION FOR IPRS

• LAW AND ECONOMICS
• COMPETITION
• LABOUR JUSTIFICATION
• PUBLIC DOMAIN

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USA 1

• TECHNOLOGY TRANSFER
• SCIENCE TO INDUSTRIAL COMMERCIALISATION
• RESEARCH FUNDING BY GOVERNMENT
• ESTABLISHMENT OF NIH, NSF AND ONR
• NO FUNDING POLICY

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USA 2

• LITTLE SUCCESS BY INDUSTRY WITH NEW TECHNOLOGY
• NO UNIVERSAL POLICY ON OWNERSHIP OF INVENTIONS
• CONFLICTING FUNDING POLICIES REDUCED GOVT FUNDING
  TO PRIVATE SECTORS
• RESTRUCTIONS ON LICENSING

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USA 3

• 1980 28,000 PATENTS BY GOVT
• 5 ONLY EXPLOITED BY INDUSTRY
• COMPANIES UNWILLING TO INVEST
• PUBLIC FINANCED RESEARCH NOT GAINING

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GOOD PATENT POLICY

• PROMOTE USE OF GOVT FUNDED INVENTIONS
• GOVT TO PRACTICE INVENTIONS
• IP RIGHTS IN ITS INVENTIONS USED FAIRLY
• UNIFORM PRINCIPLES
• BEST QUALIFIED CONTRACTORS

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EVOLUTION

• CONGRESS WISER
• PATENTS DELIVERY TO PUBLIC
• TITLE OF INVENTION TO UNIVERSITY AND SMALL
  BUSINESS GOOD
• PATENT POLICY NOT GOOD
• CHANGES TITLE TO CONTRACTOR

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BAYH - DOLE ACT

• INCREASE IN TECHNOLOGY TRANSFER
• UNIFORM PATENTING/LICENSING PROCESS
• CERTANITY TO TITLE

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BAYH-DOLE ACT RESULTS

• POSITIVE CHANGES IN PATENTS MANAGEMENT
• GOVERNMENT PROMOTED ADOPTION OF NEW TECHNOLOGY
• FEDERAL POLICY ON IN INVENTIONS BY CONTRACTORS
  GRANTEES
• PATENTS/LICENSING THE UNIVERSITIES LED TO
  COMMERCIALISATION
• INFRASTRUCTURES FOR TECHNOLOGY ESTABLISHED IN
  UNIVERSITIES
• GOVT UNIVERSITIES COOPERATING TO COMMERCIALISE
  INVENTIONS IN PUBLIC INTEREST

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PATENTS FOR DEVELOPING COUNTRIES

• NEED FOR PATENTS?
• TYPE
• FOREIGN TECHNOLOGY PROTECTION

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INDUSTRIAL PROPERTY ACT

• PATENTS REGISTERED BY KIPI
• REASON WHY PROTECT IPR
• EMPLOYEE INVENTOR REWARDED
• EMPLOYER PATENTEE
• PATENTS MAY BE LICENSED