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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
POLICY INCENTIVES FOR INTELLECTUAL PROPERTY DEVELOPMENT

PEREZ W.J ODERO

LEGAL CONSULTANT

5TH JUNE 2005

specific rights and unfair competition
SPECIFIC RIGHTS AND UNFAIR COMPETITION:
  • SUBJECT MATTER
  • IPR BY APPLICATION
  • DURATION
  • FULL MONOPOLY?
  • EQUILIBRIUM BY LEGISLATION
justification for iprs
JUSTIFICATION FOR IPRS
  • LAW AND ECONOMICS
  • COMPETITION
  • LABOUR JUSTIFICATION
  • PUBLIC DOMAIN
usa 1
USA 1
  • TECHNOLOGY TRANSFER
  • SCIENCE TO INDUSTRIAL COMMERCIALISATION
  • RESEARCH FUNDING BY GOVERNMENT
  • ESTABLISHMENT OF NIH, NSF AND ONR
  • NO FUNDING POLICY
usa 2
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
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
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
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
BAYH - DOLE ACT
  • INCREASE IN TECHNOLOGY TRANSFER
  • UNIFORM PATENTING/LICENSING PROCESS
  • CERTANITY TO TITLE
bayh dole act results
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
PATENTS FOR DEVELOPING COUNTRIES
  • NEED FOR PATENTS?
  • TYPE
  • FOREIGN TECHNOLOGY PROTECTION
industrial property act
INDUSTRIAL PROPERTY ACT
  • PATENTS REGISTERED BY KIPI
  • REASON WHY PROTECT IPR
  • EMPLOYEE INVENTOR REWARDED
  • EMPLOYER PATENTEE
  • PATENTS MAY BE LICENSED
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