UNH Law ITTI Blog

International Technology Transfer Institute

This is the second post from a series on the Spicy IP Blog by Mrinalini
Kochupillai “The Public Funded R&D Bill: Does India Need a Bayh
Dole?”. Mrinalini Kochupillai who is an Adjunct Professor at Franklin
Pierce Law Centre has worked extensively on technology transfer in
India, here she looks into the terms and conditions under which various
government agencies in India grant funding for R&D and the impacts
of a Bayh Dole like legislation.

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Dr. Stanley Kowalski the
Director of International Tech Transfer Institute @ Pierce Law joins the
Blog as the Expert Blogger. This adds to the International tech
transfer Blog team that aims at providing analysis, views, global and
international policy developments and management tips in various areas
of of Technology Transfer and University IP Management.

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The article “Academic Patents and Materials Transfer Agreements: Substitutes or Complements?” by Arvids A. Ziedonis & David C. Mowery published in Journal of Technology Transfer, Vol. 32, No. 3, pp. 157-172, 2007
focuses on U.S. universities and academic medical centers long have
been important performers of research in the life sciences, but their
role as a source of patented intellectual property in this field has
changed significantly in the late 20th and early 21st centuries. The
expanded presence of formal intellectual property rights within the
academic biomedical research enterprise has occasioned numerous
expressions of concern from scholars, policymakers, and participants.

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Simon Winston Brinsmead in his article “Intellectual Property Enforcement, Technology Transfer and Innovation in China’s Semiconductor Industry “
look into the observations of several commentators that analyse the
fact that China has enacted laws that give formal protection to
intellectual property rights but that, to date, it has struggled to
enforce these laws effectively. This is to some degree reflected in the
recent decision of the United States Government to institute
proceedings against China in the World Trade Organization regarding
intellectual property issues.

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The article by Wendy D. Streitz and Alan B. Bennett
points out that the transfer of materials between researchers has
become more difficult, and it appears that the days of open exchange of
materials, particularly from researchers in industry to academic
researchers in the life sciences, are over. It also points out that “some
domains of free exchange continue to thrive and funding agencies, such
as the NSF and the NIH, are actively promoting open exchange of
materials, these are becoming exceptions rather than the rule.”

Universities
and private companies each have very legitimate interests that they are
trying to support when engaging in material transfers and when these
interests collide it can be very difficult to find common ground.
However, the mutual interest of both research-based private companies
and of universities is to support research advances and when both
parties keep this overarching objective in mind, most material
transfers are possible.
To read the entire article click here.

This piece comes from a series on Spicy IP Blog by Mrinalini
Kochupillai “The Public Funded R&D Bill: Does India Need a Bayh
Dole? “. Mrinalini Kochupillai is an Adjunct Professor at Franklin
Pierce Law Centre and is presently at Marx Planck, Munich on a Research
Fellowship. She is also a consultant to the International Technology
Transfer Institute at Pierce Law and has worked extensively in the
issues surrounding Technology Transfer in India and The Public Funded
R&D Bill.
Having also worked under her supervision as a
Research Assistant (Pheew) on one of the projects at ITTI, I truly
believe that she happens to be one of the best to talk about Indian
Technology Transfer Laws. The current piece looks at some of the
history and some of the present of Bayh Dole.

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Indian government has released a draft version of the National Innovation Act, 2008.
The
Knowledge Commission had recommended that there is a need for a
comprehensive campaign to address these issues and to spur efforts to
make India a global leader in Innovation and an Innovation Law was a
part of it.
As per previous news reports the India Innovation Act was likely to be modelled on the America COMPETES Act.
Government
of India had proposed an Innovation Act the would focus on three
primary areas of importance to maintain and improve innovation in the
21st century which are :
1. Increasing research investment,
2.
strengthening education opportunities in science, technology,
engineering, and mathematics from elementary through graduate school,
and
3. developing an innovation infrastructure.

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Julie Sammons in her article “Collaboration Is the Key to Green Success”
refers to recent initiatives towards more sustainable development by
going green. She has made reference to advantage of Open source
R&D. Some of the interesting parts are reproduced below. To read
the entire article click here.

“Governed
by the Bayh-Dole Act, technology transfer between universities and the
corporate world is undergoing a radical transformation in the age of
wikinomics and crowdsourcing communities like Innocentive. On the
business end, corporate titans IBM, Nokia, Sony and Pitney Bowes joined
forces earlier this year to launch the free Eco-Patent Commons
initiative. From the academic side, efforts like the Association of
University Technology Managers’ Better World Project promise to rapidly
accelerate R&D partnerships between university research powerhouses
and forward-thinking corporations.”

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