POLICY INCENTIVES FOR INTELLECTUAL PROPERTY DEVELOPMENT PEREZ W.J ODERO LEGAL CONSULTANT 5 TH JUNE 2005.

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Presentation transcript:

POLICY INCENTIVES FOR INTELLECTUAL PROPERTY DEVELOPMENT PEREZ W.J ODERO LEGAL CONSULTANT 5 TH JUNE 2005

SPECIFIC RIGHTS AND UNFAIR COMPETITION: SUBJECT MATTER SUBJECT MATTER IPR BY APPLICATION IPR BY APPLICATION DURATION DURATION FULL MONOPOLY? FULL MONOPOLY? EQUILIBRIUM BY LEGISLATION EQUILIBRIUM BY LEGISLATION

JUSTIFICATION FOR IPRS LAW AND ECONOMICS LAW AND ECONOMICS COMPETITION COMPETITION LABOUR JUSTIFICATION LABOUR JUSTIFICATION PUBLIC DOMAIN PUBLIC DOMAIN

USA 1 USA 1 TECHNOLOGY TRANSFER TECHNOLOGY TRANSFER SCIENCE TO INDUSTRIAL COMMERCIALISATION SCIENCE TO INDUSTRIAL COMMERCIALISATION RESEARCH FUNDING BY GOVERNMENT RESEARCH FUNDING BY GOVERNMENT ESTABLISHMENT OF NIH, NSF AND ONR ESTABLISHMENT OF NIH, NSF AND ONR NO FUNDING POLICY NO FUNDING POLICY

USA 2 LITTLE SUCCESS BY INDUSTRY WITH NEW TECHNOLOGY LITTLE SUCCESS BY INDUSTRY WITH NEW TECHNOLOGY NO UNIVERSAL POLICY ON OWNERSHIP OF INVENTIONS NO UNIVERSAL POLICY ON OWNERSHIP OF INVENTIONS CONFLICTING FUNDING POLICIES REDUCED GOVT FUNDING TO PRIVATE SECTORS CONFLICTING FUNDING POLICIES REDUCED GOVT FUNDING TO PRIVATE SECTORS RESTRUCTIONS ON LICENSING RESTRUCTIONS ON LICENSING

USA ,000 PATENTS BY GOVT ,000 PATENTS BY GOVT 5% ONLY EXPLOITED BY INDUSTRY 5% ONLY EXPLOITED BY INDUSTRY COMPANIES UNWILLING TO INVEST COMPANIES UNWILLING TO INVEST PUBLIC FINANCED RESEARCH NOT GAINING PUBLIC FINANCED RESEARCH NOT GAINING

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

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

BAYH - DOLE ACT INCREASE IN TECHNOLOGY TRANSFER INCREASE IN TECHNOLOGY TRANSFER UNIFORM PATENTING/LICENSING PROCESS UNIFORM PATENTING/LICENSING PROCESS CERTANITY TO TITLE CERTANITY TO TITLE

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

PATENTS FOR DEVELOPING COUNTRIES NEED FOR PATENTS? NEED FOR PATENTS? TYPE TYPE FOREIGN TECHNOLOGY PROTECTION FOREIGN TECHNOLOGY PROTECTION

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