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Title: Transplanting Bayh-Dole Act- Issues at Stake
Authors: Vivekanandan, V C
Keywords: Bayh-Dole Act
Indian Patents Act 2005
Public Funded Research & Development (Protection, Utilization & Regulation of Intellectual Property) Bill 2007
Issue Date: Sep-2008
Publisher: CSIR
Abstract: The Intellectual Property Regime in India is in the midst of transition with TRIPS mandated provisions finding their way into the existing laws and also looking at comparative regimes for newer legislations. One of the serious issues is that of public funded research and its direction in terms of protection. The dominant argument is that to reap the benefits through licensing these rights to create resources for themselves, a protection system is needed. It is argued that such rewards will fund their activities in an environment where State funding is shrinking. In this context there have been efforts to bring in a legislation on the lines of the Bayh-Dole Act of US to push forward ‘patenting efforts’ of public funded research and also to bring in academic–industry linkage. The Act in US itself is 25 years old and has come under the scanner of various critiques. In the Indian context it needs a critical analysis whether such a transplant will work. This article focuses on the issues at stake in bringing in such a transplant. It also traces the background of Bayh-Dole Act in US, its impact in the last two decades, its appropriateness in the Indian scenario and critical issues involved with such efforts to transplant.
Page(s): 480-485
ISSN: 0971-5544
Source:JIPR Vol.13(5) [September 2008]

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