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

Authors

Cynthia M. M. Ho, Loyola University of Chicago - School of Law - FacultyFollow
Matthew Herder, Dalhousie UniversityFollow

Document Type

Working Paper

Publication Date

6-4-2009

Abstract

South Africa recently enacted legislation similar to the US BayhDole 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 BayhDole 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 BayhDole 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

Comments

Research Papers, Working Papers, Conference Papers.

Recommended Citation

Matthew Herder, “Pitfalls in Patenting Publicly Funded Research - Comments on Draft South African Regulations” (2009) Dalhousie University Schulich School of Law Working Paper No 29.