Response or Comment
Patent, Bayh-Dole, Research, License, Open-Source, South Africa, Publicly Funded Institutions, Public Response
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.
Matthew Herder & Cynthia M Ho, "Pitfalls in Patenting Publicly Funded Research - Comments on Draft South African Regulations" (2009) Loyola University Chicago School of Law Public Law & Legal Theory Research Paper No 2009-010.