Duncan Bucknell of the IP thinktank put together this weeks' IP podcast, involving himself, Jeremy Philips and me. We start out by discussing the notoroius and secretive progress of India's Bayh Dole style legislation. I then take issue with Jeremy's use of the words "pro IP" and "anti IP", arguing that we've come a long way since this sort of rhetoric: we ought to now speak in terms of "pro innovation" and "pro creativity". Jeremy rightly points out that no one in their right minds would ever admit to being "anti innovation" or "anti creativity"--rather the battle is really one around access to such innovations and creativity. I end with a quote from Fritz Machlup, a US economist:
“if we did not have a patent system, it would be irresponsible, on the basis of our present knowledge of its economic consequences, to recommend instituting one. But since we have had a patent system for a long time, it would be irresponsible, on the basis of our present knowledge, to recommend abolishing it”.
As a blogger rightly notes:
"Fritz Machlup was an influential economist who was the first to coin the term “information society”. I am currently reading his “Economic Review of the Patent System” written for the U.S. Congress in 1958....Unfortunately, I don’t think our understanding of patent economics has significantly improved in the last fifty years. Machlop’s report is still of great relevance today, at a time where the U.S. Congress is once again considering reforming its patent system!"
If you're interested, you can hear all the fun arguments at the IP think tank podcast page. And if you're an iTunes fan, then please subscribe (for free) to the podcasts by clicking on the link here.
“if we did not have a patent system, it would be irresponsible, on the basis of our present knowledge of its economic consequences, to recommend instituting one. But since we have had a patent system for a long time, it would be irresponsible, on the basis of our present knowledge, to recommend abolishing it”.
As a blogger rightly notes:
"Fritz Machlup was an influential economist who was the first to coin the term “information society”. I am currently reading his “Economic Review of the Patent System” written for the U.S. Congress in 1958....Unfortunately, I don’t think our understanding of patent economics has significantly improved in the last fifty years. Machlop’s report is still of great relevance today, at a time where the U.S. Congress is once again considering reforming its patent system!"
If you're interested, you can hear all the fun arguments at the IP think tank podcast page. And if you're an iTunes fan, then please subscribe (for free) to the podcasts by clicking on the link here.
Hi,
ReplyDeleteThe discussion was really interesting . Could you please tell me if any of the other Asian countries have or propose to have a similar Act as the Bayh Dole.
Thankyou
Tina
Hi,
ReplyDeleteThe discussion was really interesting.
Could you please tell if any other Asian country has or proposes to have a similar Act as the Bayh Dole Act.
Thankyou
Tina
Hi Tina,
ReplyDeleteChina appears to have something similar to the Bayh Dole. Please see this news item here:
http://www.chinaipmagazine.com/en/journal-show.asp?id=371.
It states in pertinent part that:
"resently, China is amending its Science and Technology Progress Law (S&T Law 1993), China's counterpart to the Bayh-Dole Act. It gives greater incentives to researchers to boost innovation. In the S&T Law 1993, there is no universal regulation on the IP rights developed from publicly funded research programs. The amended S&T Law was passed on December 29, 2007, and became effective on July 1, 2008. Amendments to the S&T Law allow scientists or their institutions to own patents on inventions, computer software copyrights, layout design of integrated circuits, and new varieties of plants developed from publicly funded research projects. Additionally, the government will not retract patents unless their holders fail to use them in "a reasonable period" (see Art.20 of the amended Law). Nevertheless, the amended S&T Law gives no clear stipulation on how to allocate the benefits from patent."
Dear Shamnad,
ReplyDeleteThankyou for the reply.
Other than in China i guess Japan also has the Japanese Bayh-Dole Act enacted in 1999. Singapore has some system in place whereby its Agency for Science Technology and Research manages the IP of its core national research institutes.
Tina
Dear Shamnad Sir,
ReplyDeleteIt is well called the introduction of Bay Dole Like Bill. But in the Indian scenario how much incentives can the researchers expect minus the costs incurred on the IP protection. I doubt will it be sufficient enough.
Regards
AK
Dear Shamnad Sir,
ReplyDeleteIt is well called the introduction of Bayh Dole Like Bill. But in the Indian scenario how much incentives can the researchers expect minus the costs incurred on the IP protection. I doubt will it be sufficient enough.
Regards
KK
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ReplyDelete