Innovation

IP Think Tank Podcast Discussing Indian Bayh Dole


Duncan Bucknell of the IP thinktank put together this weeks’ IP podcast, involving himself, Jeremy Philips and me. We start out by discussing the notoroius and secretive progress of India’s Bayh Dole style legislation. I then take issue with Jeremy’s use of the words “pro IP” and “anti IP”, arguing that we’ve come a long way since this sort of rhetoric: we ought to now speak in terms of “pro innovation” and “pro creativity”. Jeremy rightly points out that no one in their right minds would ever admit to being “anti innovation” or “anti creativity”–rather the battle is really one around access to such innovations and creativity. I end with a quote from Fritz Machlup, a US economist:

“if we did not have a patent system, it would be irresponsible, on the basis of our present knowledge of its economic consequences, to recommend instituting one. But since we have had a patent system for a long time, it would be irresponsible, on the basis of our present knowledge, to recommend abolishing it”.

As a blogger rightly notes:

“Fritz Machlup was an influential economist who was the first to coin the term “information society”. I am currently reading his “Economic Review of the Patent System” written for the U.S. Congress in 1958….Unfortunately, I don’t think our understanding of patent economics has significantly improved in the last fifty years. Machlop’s report is still of great relevance today, at a time where the U.S. Congress is once again considering reforming its patent system!”

If you’re interested, you can hear all the fun arguments at the IP think tank podcast page. And if you’re an iTunes fan, then please subscribe (for free) to the podcasts by clicking on the link here.

Shamnad Basheer

Shamnad Basheer

Prof (Dr) Shamnad Basheer founded SpicyIP in 2005. He is currently the Honorary Research Chair of IP Law at Nirma University and a visiting professor of law at the National Law School (NLS), Bangalore. He is also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof Amartya Sen. Professional History: After graduating from the NLS, Bangalore Professor Basheer joinedAnand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Prof Basheer has published widely and his articles have won awards, including those instituted by ATRIP and the Stanford Technology Law Review. He is consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also serves on several government committees.

7 comments.

  1. AvatarAnonymous

    Hi,
    The discussion was really interesting . Could you please tell me if any of the other Asian countries have or propose to have a similar Act as the Bayh Dole.

    Thankyou

    Tina

    Reply
  2. AvatarShamnad Basheer

    Hi Tina,

    China appears to have something similar to the Bayh Dole. Please see this news item here:

    http://www.chinaipmagazine.com/en/journal-show.asp?id=371.

    It states in pertinent part that:

    “resently, China is amending its Science and Technology Progress Law (S&T Law 1993), China’s counterpart to the Bayh-Dole Act. It gives greater incentives to researchers to boost innovation. In the S&T Law 1993, there is no universal regulation on the IP rights developed from publicly funded research programs. The amended S&T Law was passed on December 29, 2007, and became effective on July 1, 2008. Amendments to the S&T Law allow scientists or their institutions to own patents on inventions, computer software copyrights, layout design of integrated circuits, and new varieties of plants developed from publicly funded research projects. Additionally, the government will not retract patents unless their holders fail to use them in “a reasonable period” (see Art.20 of the amended Law). Nevertheless, the amended S&T Law gives no clear stipulation on how to allocate the benefits from patent.”

    Reply
  3. AvatarTina.K.Stephen

    Dear Shamnad,

    Thankyou for the reply.

    Other than in China i guess Japan also has the Japanese Bayh-Dole Act enacted in 1999. Singapore has some system in place whereby its Agency for Science Technology and Research manages the IP of its core national research institutes.

    Tina

    Reply
  4. AvatarAnil Kukreja

    Dear Shamnad Sir,

    It is well called the introduction of Bay Dole Like Bill. But in the Indian scenario how much incentives can the researchers expect minus the costs incurred on the IP protection. I doubt will it be sufficient enough.

    Regards

    AK

    Reply
  5. AvatarAnonymous

    Dear Shamnad Sir,

    It is well called the introduction of Bayh Dole Like Bill. But in the Indian scenario how much incentives can the researchers expect minus the costs incurred on the IP protection. I doubt will it be sufficient enough.

    Regards

    KK

    Reply
  6. AvatarAnonymous

    Good Afternoon!!! duncanbucknell.com is one of the most excellent informational websites of its kind. I enjoy reading it every day. Keep it that way.

    Reply

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