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POLICY INCENTIVES FOR INTELLECTUAL PROPERTY DEVELOPMENT

POLICY INCENTIVES FOR INTELLECTUAL PROPERTY DEVELOPMENT. PEREZ W.J ODERO LEGAL CONSULTANT 5 TH JUNE 2005. SPECIFIC RIGHTS AND UNFAIR COMPETITION :. SUBJECT MATTER IPR BY APPLICATION DURATION FULL MONOPOLY? EQUILIBRIUM BY LEGISLATION. JUSTIFICATION FOR IPRS. LAW AND ECONOMICS

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POLICY INCENTIVES FOR INTELLECTUAL PROPERTY DEVELOPMENT

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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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