IP+Strategies+for+developing+countries

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Module 1. IP Strategies for developing countries.
=**Echoes of Bayh-Dole? A Survey of IP and Technology Transfer Policies in Emerging and Developing Economies** = =[] =

This chapter offers detailed assessments of 18 developing countries: Argentina, Brazil, Chile, China, Ethiopia, India, Indonesia, Jordan, Kenya, Malaysia, Mexico, Philippines, Poland, Russia, South Africa, Tanzania, Uganda, and Vietnam.

 Regarding the availability of intellectual property protections, the survey presented in this chapter finds that countries can be logically sorted into three tiers.


 * 1) The first tier contains the most innovative countries, those with an active IP system used vigorously by domestic patentees.
 * 2) The second tier consists of countries seeking to become more innovative, with IP systems that are only beginning to be used by domestic patentees.
 * 3) The third tier countries are those with limited or nascent IP systems and virtually no domestic patentees.

 Almost all first tier innovative countries, about half of second tier countries, and no third tier countries have formally addressed the question of IP ownership through national policy.

 This survey also reveals that strong IP protection capabilities are correlated to robust scientific research efforts, to the country’s history of IP laws, and to membership in international trade agreements. Policies in all of these countries are moving towards granting the rights and responsibilities of ownership to research institutions. <span style="font-family: Arial,Helvetica,sans-serif;"> Finally, strong, sophisticated institutional IP management is correlated to research capacity and to government investment in public sector and university research and development. Overall, vigorous IP protection policies and the capacity to enforce and manage them are mutually strengthening. The biggest factor for this growth is the amount of research and development a country conducts, followed by the ability of its economy to absorb new innovations into existing industries.

<span style="font-family: Arial,Helvetica,sans-serif;">** I ** **s Bayh-Dole Good for Developing Countries? Lessons from the US Experience** <span style="color: #303030; display: none; font-family: Arial,Helvetica,sans-serif;">The US Bayh-Dole Act encourages university patenting of inventions arising from publicly funded research. Lessons from three decades of US experience serve as a cautionary tale for those countries that may choose to emulate Bayh-Dole. <span style="color: black; font-family: Arial,Helvetica,sans-serif;">Citation: So AD, Sampat BN, Rai AK, Cook-Deegan R, Reichman JH, et al. (2008) Is Bayh-Dole Good for Developing Countries? Lessons from the US Experience. PLoS Biol 6(10): e262. doi:10.1371/journal.pbio.0060262 <span style="color: black; font-family: Arial,Helvetica,sans-serif;"> Published: October 28, 2008 <span style="font-family: Arial,Helvetica,sans-serif;">Copyright: © 2008 So et al. This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.

<span style="color: #211d1e; font-family: Arial,Helvetica,sans-serif;">[The Bayh-Dole Act of 1980, together with the Patent and Trademark Clarification Act of 1984 (P.L. 98-620), established more boundaries regarding patents and licenses for federally funded research and develop­ment. Small businesses, universities, and not-for-profit organizations were allowed to obtain title to inventions developed with federal funds. Government owned and government operated (GOGO) laboratories were permitted to grant exclusive patent licenses to commercial organizations].

http://books.nap.edu/openbook.php?record_id=13001&page=1
 * Managing University Intellectual Property in the Public Interest**. A Report from the National Academies Press

The 100 page report from 2010 presents15 recommendations and has extensive background materials on university technology transfer in the USA.

<span style="font-family: Arial,Helvetica,sans-serif;">**PIPRA** [|http://www.pipra.org] is a non–profit initiative striving to make it easy for developing countries to access new technologies.

<span style="font-family: Arial,Helvetica,sans-serif;">“PIPRA helps innovators working to create new applications for agricultural, health, water, and energy technologies in developing countries and helps public sector organizations get their technologies out of the lab and into use. We do this by improving innovators' ability to navigate IPR issues and think strategically about commercialization.” <span style="font-family: Arial,Helvetica,sans-serif;"> PIPRA's core activities include the following:
 * <span style="font-family: Arial,Helvetica,sans-serif;">IP analysis -- either broad landscapes or focused on particular technologies
 * <span style="font-family: Arial,Helvetica,sans-serif;">Biotechnology resources, e.g. the pPIPRA vector
 * <span style="font-family: Arial,Helvetica,sans-serif;">Drafting and negotiating agreements, with the support of our pro bono attorney network
 * <span style="font-family: Arial,Helvetica,sans-serif;">Research consortia support, including public-private partnerships
 * <span style="font-family: Arial,Helvetica,sans-serif;">IP management workshops at public institutions
 * <span style="font-family: Arial,Helvetica,sans-serif;">Regional IP Resources, mainly in Latin America and Southeast Asia
 * <span style="font-family: Arial,Helvetica,sans-serif;">Commercialization strategy to improve technology delivery
 * <span style="font-family: Arial,Helvetica,sans-serif;">IP handbook
 * <span style="font-family: Arial,Helvetica,sans-serif;">IP policy analysis

<span style="font-family: Arial,Helvetica,sans-serif;"> The beta version of the **PIPRA Agricultural IP database** is now on-line for public access [] Over 6600 patents and patent applications from 45 different countries are now searchable by many fields, including licensing status. The data represent the agricultural portfolio of 27 universities and non-profit research institutions.