[Ip-health] 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


_____


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=3D=
http://cts.vresp.com/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 pol=
icies to promote innovation; many of these import or adapt policies from ot=
her countries.

Multilateral discussions also stress innovation policies: The World Intelle=
ctual Property Organization's (WIPO's) Development Agenda emphasizes the ne=
ed to promote creativity and innovation in developing countries (Recommenda=
tion 19), and to consider intellectual property (IP) policies that serve th=
is end (Recommendation 25).

In this context, several developing countries, including India, Brazil, Sou=
th Africa, Malaysia, and Jordan, are debating or have recently passed legis=
lation modeled on the U.S. Bayh-Dole Act which facilitated patenting by Ame=
rican research universities.

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

The policy brief provides an assessment of one such bill, the Indian Bayh-D=
ole Act. It focuses on India because legislation is currently under conside=
ration 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 r=
esearch 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 model=
s and approaches that have evolved in the post-Bayh-Dole era, in response t=
o these concerns.

The policy brief is also available at www.iprsonline.org <https://exchange.=
ictsd.ch/exchweb/bin/redir.asp?URL=3Dhttp://cts.vresp.com/c/?ICTSD/262c41d3=
e7/dd5c51064c/7af535370a>