Wednesday, September 29, 2010
Tuesday, September 28, 2010
WIPO Lex, a new online global IP resource providing up-to-date information on national IP laws and treaties.
Image via WikipediaThe World Intellectual Property Organization (WIPO) announced the launch of WIPO Lex, a new online global IP resource providing up-to-date information on national IP laws and treaties.WIPO Lex launched on September 20th with the complete IP legal texts for over 60 countries and substantial coverage for 100 other legal systems. In some cases, the site will provide an online platform for obtaining IP legislation for countries that currently lack their own database. WIPO's collection of patent laws and treaties for the United States can be found here. WIPO noted that the new site satisfied one of the Organization's strategic goals, namely to serve as a world reference source for IP information and analysis.
Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.
Monday, September 27, 2010
Sunday, September 26, 2010
Thursday, September 23, 2010
USPTO Launches Ways to Incentivize Humanitarian Technologies
New initiative encourages businesses to develop and disseminate
technologies that address humanitarian needs
technologies that address humanitarian needs
Washington – Under Secretary of Commerce and Director of the United States Patent and Trademark Office (USPTO) David Kappos announced today that the USPTO is seeking public comments on proposals to incentivize the creation and wider distribution of technologies that address humanitarian needs. Under a proposed pilot program, patent holders who make their technology available for humanitarian purposes would be eligible for a voucher entitling them to an accelerated re-examination of a patent.
Among the technologies which address humanitarian needs that would be eligible for the program are treatments for tropical diseases, diagnostic medical tools, crops with higher yields or better nutritional value, and treatments for sanitation or clean water. Participants could qualify for the proposed pilot in two ways: by making their patented technologies available to impoverished populations for humanitarian use, or by making their patented technologies available to researchers who are developing technologies that address humanitarian needs.
Under the proposed pilot program, patent holders who disseminate their patented technologies for humanitarian purposes would qualify for a fast-track ex parte re-examination voucher. Because patents under re-examination are often among the most commercially valuable patents, fast-track re-examination of a patent allows a patent owner to affirm the validity of his or her patent more quickly and less expensively. This voucher could then be used on any patent owned by the patent holder or transferred on the open market.
“A voucher for fast-track re-examination of a patent is a valuable incentive for entities to distribute humanitarian technologies through licensing or other means,” Kappos said. “Our hope is that this new program will incentivize innovators to develop technologies that will benefit those in need.”
The program seeks to increase the diffusion of technologies that address humanitarian needs through market forces. Existing technologies often do not reach impoverished populations. The humanitarian fast-track voucher provides patent holders with a significant incentive to distribute their technology more widely to such groups. It also creates an incentive to provide patented technologies for humanitarian research, which in turn may spur the development of new technologies to address humanitarian needs.
The USPTO seeks cooperation with industry, government, the humanitarian aid community, academic researchers, and the public to create a successful program. This is the first step in a broader effort to develop business-friendly strategies that encourage inventions to address humanitarian needs.
Further information about the proposed fast-track ex parte re-examination voucher pilot program can be found in the Federal Register notice at: http://edocket.access.gpo.gov/2010/pdf/2010-23395.pdf
Wednesday, September 1, 2010
Commercialization of IP In Indian Universities
Image via WikipediaIndia govt. spends crores of Rupees on research funding each year and the government has been increasingly focused on how best to commercialize the results. While there are several possible approaches to doing this, the government and some universities have been focused on building patent and IP portfolios as part of a conventional commercialization strategy. The alternative could be an open access approach - encourage (or require) much of the intellectual property to be made broadly available under open licences so that multiple organizations could add value and find ways to commercialize. The universities might generate less income but would better justify the public investment in research by providing the engine for larger economic benefits.
Which approach is better? The full commercialization approach has been tried in the U.S. with legislation known as Bayh-Dole and studies (here and here) have found that patents to universities have increased, but the increase has beenaccompanied by harm to the public domain of science and relatively small gains in income.
The Indian govt. similarly places its faith in commercialization through IP Chair, portfolios and licencing, but the results are not very encouraging. While few would suggest that there is no value in the IP commercialization strategy for universities - there is surely a role for it - the emphasis on this approach as the optimal method of benefiting from crores in public funding for research has consistently failed. Rather, an effective commercialization strategy might recognize that the commercialization is better suited outside the university with funded research the engine for new innovation that is openly available to entrepreneurs without licencing barriers. The public pays for the basic research and might ultimately enjoy far more benefits than the current break-even approach by having more open access to research results.
Which approach is better? The full commercialization approach has been tried in the U.S. with legislation known as Bayh-Dole and studies (here and here) have found that patents to universities have increased, but the increase has beenaccompanied by harm to the public domain of science and relatively small gains in income.
The Indian govt. similarly places its faith in commercialization through IP Chair, portfolios and licencing, but the results are not very encouraging. While few would suggest that there is no value in the IP commercialization strategy for universities - there is surely a role for it - the emphasis on this approach as the optimal method of benefiting from crores in public funding for research has consistently failed. Rather, an effective commercialization strategy might recognize that the commercialization is better suited outside the university with funded research the engine for new innovation that is openly available to entrepreneurs without licencing barriers. The public pays for the basic research and might ultimately enjoy far more benefits than the current break-even approach by having more open access to research results.
Dr.Tabrez writes about the ever-expanding world of Intellectual Property Law,Cyberlaw,Corporate Law including burning issues of other areas of National and International Importance.
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