Transcript IP AND IPRPATENTS COPYRIGHT TRADEMARKS IPRs …

POLICY INCENTIVES FOR
INTELLECTUAL PROPERTY
DEVELOPMENT
PEREZ W.J ODERO
LEGAL CONSULTANT
5TH JUNE 2005
SPECIFIC RIGHTS AND UNFAIR
COMPETITION:
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SUBJECT MATTER
IPR BY APPLICATION
DURATION
FULL MONOPOLY?
EQUILIBRIUM BY LEGISLATION
JUSTIFICATION FOR IPRS
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LAW AND ECONOMICS
COMPETITION
LABOUR JUSTIFICATION
PUBLIC DOMAIN
USA 1
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TECHNOLOGY TRANSFER
SCIENCE TO INDUSTRIAL
COMMERCIALISATION
RESEARCH FUNDING BY GOVERNMENT
ESTABLISHMENT OF NIH, NSF AND
ONR
NO FUNDING POLICY
USA 2
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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
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1980 28,000 PATENTS BY GOVT
5% ONLY EXPLOITED BY INDUSTRY
COMPANIES UNWILLING TO INVEST
PUBLIC FINANCED RESEARCH NOT
GAINING
GOOD PATENT POLICY
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PROMOTE USE OF GOVT FUNDED
INVENTIONS
GOVT TO PRACTICE INVENTIONS
IP RIGHTS IN ITS INVENTIONS USED
FAIRLY
UNIFORM PRINCIPLES
BEST QUALIFIED CONTRACTORS
EVOLUTION
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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
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INCREASE IN TECHNOLOGY TRANSFER
UNIFORM PATENTING/LICENSING
PROCESS
CERTANITY TO TITLE
BAYH-DOLE ACT RESULTS
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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
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NEED FOR PATENTS?
TYPE
FOREIGN TECHNOLOGY PROTECTION
INDUSTRIAL PROPERTY ACT
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PATENTS REGISTERED BY KIPI
REASON WHY PROTECT IPR
EMPLOYEE INVENTOR REWARDED
EMPLOYER PATENTEE
PATENTS MAY BE LICENSED