Policy incentives for intellectual property development
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POLICY INCENTIVES FOR INTELLECTUAL PROPERTY DEVELOPMENT. PEREZ W.J ODERO LEGAL CONSULTANT 5 TH JUNE 2005. SPECIFIC RIGHTS AND UNFAIR COMPETITION :. SUBJECT MATTER IPR BY APPLICATION DURATION FULL MONOPOLY? EQUILIBRIUM BY LEGISLATION. JUSTIFICATION FOR IPRS. LAW AND ECONOMICS

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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


SPECIFIC RIGHTS AND UNFAIR COMPETITION:

  • SUBJECT MATTER

  • IPR BY APPLICATION

  • DURATION

  • FULL MONOPOLY?

  • EQUILIBRIUM BY LEGISLATION


JUSTIFICATION FOR IPRS

  • LAW AND ECONOMICS

  • COMPETITION

  • LABOUR JUSTIFICATION

  • PUBLIC DOMAIN


USA 1

  • TECHNOLOGY TRANSFER

  • SCIENCE TO INDUSTRIAL COMMERCIALISATION

  • RESEARCH FUNDING BY GOVERNMENT

  • ESTABLISHMENT OF NIH, NSF AND ONR

  • NO FUNDING POLICY


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


USA 3

  • 1980 28,000 PATENTS BY GOVT

  • 5% ONLY EXPLOITED BY INDUSTRY

  • COMPANIES UNWILLING TO INVEST

  • PUBLIC FINANCED RESEARCH NOT GAINING


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


EVOLUTION

  • CONGRESS WISER

  • PATENTS DELIVERY TO PUBLIC

  • TITLE OF INVENTION TO UNIVERSITY AND SMALL BUSINESS GOOD

  • PATENT POLICY NOT GOOD

  • CHANGES; TITLE TO CONTRACTOR


BAYH - DOLE ACT

  • INCREASE IN TECHNOLOGY TRANSFER

  • UNIFORM PATENTING/LICENSING PROCESS

  • CERTANITY TO TITLE


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


PATENTS FOR DEVELOPING COUNTRIES

  • NEED FOR PATENTS?

  • TYPE

  • FOREIGN TECHNOLOGY PROTECTION


INDUSTRIAL PROPERTY ACT

  • PATENTS REGISTERED BY KIPI

  • REASON WHY PROTECT IPR

  • EMPLOYEE INVENTOR REWARDED

  • EMPLOYER PATENTEE

  • PATENTS MAY BE LICENSED


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