PLoS Biology - Is Bayh-Dole Good for Developing Countries? Lessons from the US Experience - 0 views
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Pranesh Prakash on 23 Apr 09Recently, countries from China and Brazil to Malaysia and South Africa have passed laws promoting the patenting of publicly funded research [1,2], and a similar proposal is under legislative consideration in India [3]. These initiatives are modeled in part on the United States Bayh-Dole Act of 1980 [4]. Bayh-Dole (BD) encouraged American universities to acquire patents on inventions resulting from government-funded research and to issue exclusive licenses to private firms [5,6], on the assumption that exclusive licensing creates incentives to commercialize these inventions. A broader hope of BD, and the initiatives emulating it, was that patenting and licensing of public sector research would spur science-based economic growth as well as national competitiveness [6,7]. And while it was not an explicit goal of BD, some of the emulation initiatives also aim to generate revenues for public sector research institutions [8]. We believe government-supported research should be managed in the public interest. We also believe that some of the claims favoring BD-type initiatives overstate the Act's contributions to growth in US innovation. Important concerns and safeguards-learned from nearly 30 years of experience in the US-have been largely overlooked. Furthermore, both patent law and science have changed considerably since BD was adopted in 1980 [9,10]. Other countries seeking to emulate that legislation need to consider this new context.