[A2k] New UNCTAD-ICTSD Policy Brief: The Bayh-Dole Model in Developing Countries

[Ahmed Abdel Latif]

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The Bayh-Dole Model in Developing Countries:

Reflections on the Indian Bill on Publicly Funded Intellectual Property


UNCTAD - ICTSD Policy Brief No. 5


By Bhaven N. Sampat


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UNCTAD and ICTSD are pleased to announce the availability of Policy
Brief 5, entitled "The Bayh-Dole Model in Developing Countries:
Reflections on the Indian Bill on Publicly Funded Intellectual Property"
(http://ictsd.org/i/publications/59350/
<https://exchange.ictsd.ch/exchweb/bin/redir.asp?URL=http://cts.vresp.co
m/c/?ICTSD/262c41d3e7/dd5c51064c/780ec45f21> ) by Bhaven N. Sampat,
Department of Health Policy and Management, Columbia University.

With the growing recognition that innovation is key for economic growth
and development, developing countries are currently considering a range
of policies to promote innovation; many of these import or adapt
policies from other countries.

Multilateral discussions also stress innovation policies: The World
Intellectual Property Organization's (WIPO's) Development Agenda
emphasizes the need to promote creativity and innovation in developing
countries (Recommendation 19), and to consider intellectual property
(IP) policies that serve this end (Recommendation 25).

In this context, several developing countries, including India, Brazil,
South Africa, Malaysia, and Jordan, are debating or have recently passed
legislation modeled on the U.S. Bayh-Dole Act which facilitated
patenting by American research universities.

As has been well documented by the proponents of Bayh-Dole type
initiatives, since 1981, university patenting and licensing have
increased dramatically, as has licensing income from university
research. These data provide a main impetus for initiatives to emulate
Bayh-Dole in developing countries.

The policy brief provides an assessment of one such bill, the Indian
Bayh-Dole Act. It focuses on India because legislation is currently
under consideration there; however, many of the issues considered are
relevant for other developing countries.

It suggests that India-and other countries considering legislation of
this sort-should provide specific guidance about what sorts of publicly
funded research outputs ought to be patented, and what should instead be
placed in the public domain.

The policy brief underscores the need to evaluate the positive and
negative impact of Bayh-Dole type legislation and consider the range of
other models and approaches that have evolved in the post-Bayh-Dole era,
in response to these concerns.

The policy brief is also available at www.iprsonline.org
<https://exchange.ictsd.ch/exchweb/bin/redir.asp?URL=http://cts.vresp.co
m/c/?ICTSD/262c41d3e7/dd5c51064c/7af535370a>