Pitfalls in Patenting Publicly Funded Research - Comments on Draft South African Regulations

10 Pages Posted: 4 Jun 2009

See all articles by Matthew Herder

Matthew Herder

Dalhousie University - Faculties of Medicine and Law; Dalhousie University - Faculty of Medicine

Cynthia M. Ho

Loyola University of Chicago School of Law

Date Written: June 4, 2009

Abstract

South Africa recently enacted legislation similar to the US. Bayh-Dole Act, which permits publicly funded institutions to obtain patent rights in hopes that the patent incentive will foster commercialization, as well as generate revenues to the funded institutions and scientists. While enacting analogs to Bayh-Dole seems presently in vogue, there are definitely concerned about the original legislation that have been voiced. When South Africa recently published proposed guidelines implementing its version of Bayh-Dole, it broadly opened up the opportunity for public comments. The attached paper discusses some of concerns, including problems with delaying timely knowledge dissemination and the need to provide greater guidance to patent and licensing practices. Specific suggestions to modify the currently proposed regulations are provided.

Keywords: Patent, Bayh-Dole, research, license, open-source

JEL Classification: 031, O32, O34, O38, H41, H51, I18, K11

Suggested Citation

Herder, Matthew and Ho, Cynthia M., Pitfalls in Patenting Publicly Funded Research - Comments on Draft South African Regulations (June 4, 2009). Loyola University Chicago School of Law Public Law and Legal Theory Research Paper Series No. 2009-010, Available at SSRN: https://ssrn.com/abstract=1414383 or http://dx.doi.org/10.2139/ssrn.1414383

Matthew Herder

Dalhousie University - Faculties of Medicine and Law ( email )

6225 University Avenue
Halifax, Nova Scotia B3H 4H7
Canada

Dalhousie University - Faculty of Medicine ( email )

Cynthia M. Ho (Contact Author)

Loyola University of Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

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