Patenting Public-Funded Research for Technology Transfer: A Conceptual-Empirical Synthesis of US Evidence and Lessons for India
AbstractThe question of protecting intellectual property rights by academic inventors wasnever seriously contemplated until the introduction of the Bayh-Dole Act in 1980 inthe US. The Act allowed universities to retain patent rights over inventions arising outof federally-funded research and to license those patents exclusively or nonexclusivelyat their discretion. This particular legislation was a response to thegrowing concern over the fact that federally funded inventions in the US were notreaching the market place. In this paper, we present a critical review of the USexperience after the Bayh-Dole Act and argue that the evidence is far from beingunambiguous. We discuss the debate surrounding the Act – the extent to which it wassuccessful in achieving its objectives, the unintended consequences, if any, and moregenerally, the effectiveness of IPR as a vehicle of technology transfer fromuniversities. We also discuss the limited evidence on Bayh-Dole type legislationsintroduced in other countries. A new legislation, along the lines of the US Bayh-DoleAct – The Protection and Utilisation of Public Funded IP Bill, 2008 – is presentlybefore the Indian parliament. The paper presents an Indian perspective against thebackdrop of the US experience in an attempt to draw concrete lessons for India.
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Bibliographic InfoPaper provided by Indian Council for Research on International Economic Relations, New Delhi, India in its series Indian Council for Research on International Economic Relations, New Delhi Working Papers with number 244.
Length: 56 Pages
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Bayh-Dole Act; public-funded research; universities; patents; India;
Find related papers by JEL classification:
- O31 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Innovation and Invention: Processes and Incentives
- O34 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Intellectual Property Rights
- O38 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights - - - Government Policy
- I23 - Health, Education, and Welfare - - Education - - - Higher Education and Research Institutions
- I28 - Health, Education, and Welfare - - Education - - - Government Policy
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