POLICY INCENTIVES POLICY INCENTIVES FOR INTELLECTUAL FOR INTELLECTUAL

PROPERTY PROPERTY DEVELOPMENTDEVELOPMENT

PEREZ W.J ODEROPEREZ W.J ODERO

LEGAL LEGAL CONSULTANTCONSULTANT

55THTH JUNE 2005 JUNE 2005

SPECIFIC RIGHTS AND SPECIFIC RIGHTS AND UNFAIR COMPETITIONUNFAIR COMPETITION::

SUBJECT MATTERSUBJECT MATTER IPR BY APPLICATIONIPR BY APPLICATION DURATIONDURATION FULL MONOPOLY?FULL MONOPOLY? EQUILIBRIUM BY LEGISLATIONEQUILIBRIUM BY LEGISLATION

JUSTIFICATION FOR JUSTIFICATION FOR IPRSIPRS

LAW AND ECONOMICSLAW AND ECONOMICS COMPETITIONCOMPETITION LABOUR JUSTIFICATIONLABOUR JUSTIFICATION PUBLIC DOMAINPUBLIC DOMAIN

USA 1USA 1

TECHNOLOGY TRANSFERTECHNOLOGY TRANSFER SCIENCE TO INDUSTRIAL SCIENCE TO INDUSTRIAL

COMMERCIALISATIONCOMMERCIALISATION RESEARCH FUNDING BY RESEARCH FUNDING BY

GOVERNMENTGOVERNMENT ESTABLISHMENT OF NIH, NSF ESTABLISHMENT OF NIH, NSF

AND ONRAND ONR NO FUNDING POLICYNO FUNDING POLICY

USA 2USA 2

LITTLE SUCCESS BY INDUSTRY LITTLE SUCCESS BY INDUSTRY WITH NEW TECHNOLOGYWITH NEW TECHNOLOGY

NO UNIVERSAL POLICY ON NO UNIVERSAL POLICY ON OWNERSHIP OF INVENTIONSOWNERSHIP OF INVENTIONS

CONFLICTING FUNDING POLICIES CONFLICTING FUNDING POLICIES REDUCED GOVT FUNDING TO REDUCED GOVT FUNDING TO PRIVATE SECTORSPRIVATE SECTORS

RESTRUCTIONS ON LICENSINGRESTRUCTIONS ON LICENSING

USA 3USA 3

1980 28,000 PATENTS BY GOVT 1980 28,000 PATENTS BY GOVT 5% ONLY EXPLOITED BY 5% ONLY EXPLOITED BY

INDUSTRYINDUSTRY COMPANIES UNWILLING TO COMPANIES UNWILLING TO

INVEST INVEST PUBLIC FINANCED RESEARCH PUBLIC FINANCED RESEARCH

NOT GAININGNOT GAINING

GOOD PATENT POLICYGOOD PATENT POLICY

PROMOTE USE OF GOVT FUNDED PROMOTE USE OF GOVT FUNDED INVENTIONSINVENTIONS

GOVT TO PRACTICE INVENTIONSGOVT TO PRACTICE INVENTIONS IP RIGHTS IN ITS INVENTIONS IP RIGHTS IN ITS INVENTIONS

USED FAIRLYUSED FAIRLY UNIFORM PRINCIPLESUNIFORM PRINCIPLES BEST QUALIFIED CONTRACTORSBEST QUALIFIED CONTRACTORS

EVOLUTIONEVOLUTION

CONGRESS WISER CONGRESS WISER PATENTS DELIVERY TO PUBLICPATENTS DELIVERY TO PUBLIC TITLE OF INVENTION TO TITLE OF INVENTION TO

UNIVERSITY AND SMALL UNIVERSITY AND SMALL BUSINESS GOODBUSINESS GOOD

PATENT POLICY NOT GOODPATENT POLICY NOT GOOD CHANGES; TITLE TO CHANGES; TITLE TO

CONTRACTORCONTRACTOR

BAYH - DOLE ACTBAYH - DOLE ACT

INCREASE IN TECHNOLOGY INCREASE IN TECHNOLOGY TRANSFERTRANSFER

UNIFORM PATENTING/LICENSING UNIFORM PATENTING/LICENSING PROCESS PROCESS

CERTANITY TO TITLECERTANITY TO TITLE

BAYH-DOLE ACT BAYH-DOLE ACT RESULTSRESULTS

POSITIVE CHANGES IN PATENTS POSITIVE CHANGES IN PATENTS MANAGEMENT MANAGEMENT

GOVERNMENT PROMOTED ADOPTION OF GOVERNMENT PROMOTED ADOPTION OF NEW TECHNOLOGY NEW TECHNOLOGY

FEDERAL POLICY ON IN INVENTIONS BY FEDERAL POLICY ON IN INVENTIONS BY CONTRACTORS GRANTEESCONTRACTORS GRANTEES

PATENTS/LICENSING THE UNIVERSITIES LED PATENTS/LICENSING THE UNIVERSITIES LED TO COMMERCIALISATIONTO COMMERCIALISATION

INFRASTRUCTURES FOR TECHNOLOGY INFRASTRUCTURES FOR TECHNOLOGY ESTABLISHED IN UNIVERSITIESESTABLISHED IN UNIVERSITIES

GOVT UNIVERSITIES COOPERATING TO GOVT UNIVERSITIES COOPERATING TO COMMERCIALISE INVENTIONS IN PUBLIC COMMERCIALISE INVENTIONS IN PUBLIC INTEREST INTEREST

PATENTS FOR PATENTS FOR DEVELOPING COUNTRIESDEVELOPING COUNTRIES

NEED FOR PATENTS?NEED FOR PATENTS? TYPETYPE FOREIGN TECHNOLOGY FOREIGN TECHNOLOGY

PROTECTIONPROTECTION

INDUSTRIAL PROPERTY INDUSTRIAL PROPERTY ACTACT

PATENTS REGISTERED BY KIPIPATENTS REGISTERED BY KIPI REASON WHY PROTECT IPRREASON WHY PROTECT IPR EMPLOYEE INVENTOR REWARDEDEMPLOYEE INVENTOR REWARDED EMPLOYER PATENTEE EMPLOYER PATENTEE PATENTS MAY BE LICENSEDPATENTS MAY BE LICENSED