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Policy Incentives for Intellectual Property Development: Analysis and Implications

This document provides a comprehensive analysis of the policy incentives surrounding intellectual property (IP) development, focusing on specific rights, unfair competition, and the legal frameworks that govern IPR in the context of research funding and technology transfer. It discusses the complexities of patent exploitation, the impact of government funding policies, and the significant role of universities and small businesses in commercializing inventions. Key issues include licensing restrictions, Bayh-Dole Act implications, and the delivery of patented innovations to the public.

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Policy Incentives for Intellectual Property Development: Analysis and Implications

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

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

  3. JUSTIFICATION FOR IPRS • LAW AND ECONOMICS • COMPETITION • LABOUR JUSTIFICATION • PUBLIC DOMAIN

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

  5. 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

  6. USA 3 • 1980 28,000 PATENTS BY GOVT • 5% ONLY EXPLOITED BY INDUSTRY • COMPANIES UNWILLING TO INVEST • PUBLIC FINANCED RESEARCH NOT GAINING

  7. 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

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

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

  10. 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

  11. PATENTS FOR DEVELOPING COUNTRIES • NEED FOR PATENTS? • TYPE • FOREIGN TECHNOLOGY PROTECTION

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

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