Bayh-Dole Act analogues

The Bayh-Dole Act (USA, 1980) governs the patenting and licensing of publicly funded research in the USA. It has a mixed record despite strong positive rhetoric. The Act is now being copied in various ways in different countries. UAEM has analyzed various country efforts. On this page you can access various UAEM analysis as well as additional reading resources on the patenting of publicly-funded research.

INDIA

The Indian government is currently considering troubling legislation modeled on the USA Bayh-Dole Act of 1980. You can read our press release on the legislation, and below find a white paper outlining issues with the US Bayh-Dole Act and the Indian draft legislation.

Download the most recent UAEM white paper on the Indian Bayh-Dole legislation here (April 22, 2010).

Download UAEM's comments to the Ministry of Science and Technology on the Indian Bayh-Dole legislation here.

Download the UAEM white paper on the Indian Bayh-Dole legislation here.

Download the most recent draft version of the Indian Bayh-Dole legislation.

Download an older draft version of the Indian Bayh-Dole legislation.

Download a comparison of the two versions.

SOUTH AFRICA

South Africa adopted the “Intellectual Property Rights from Publicly Financed Research and Development Act” in 2008.  The Act went into effect in August 2010 along with the final regulations for this Bayh-Dole Analogue.   

Download the final regulations 

Download UAEM's proposed amendments and revisions to the regulations

UAEM performed a brief analysis on the regulations which you can read in our letter to the South African government.

Download the Intellectual Property Rights from Publicly Financed Research and Development Act.

Download the draft regulations.

Other Reading on the Bayh-Dole Act

Anthony So et al. Is Bayh-Dole Good for Developing Countries? Lessons from the US Experience, 6 PLoS Biol., e262.

David C. Mowery & Bhaven Sampat. “The Bayh-Dole Act of 1980 and University-Industry Technology Transfer: A Model for Other OECD Governments?” The Journal of Technology Transfer, Volume 30, Numbers 1-2, January 2005 , pp. 115-127(13)

Jeannette Colyvas et al., “How Do University Inventions Get Into Practice?” Management Science, Vol. 48, No. 1, January 2002, pp. 61-72, DOI: 10.1287/mnsc.48.1.61.14272

David C. Mowery et al. 1999. The effects of the Bayh-Dole Act on U.S. university research and technology transfer. Industrializing Knowledge.Lewis Branscomb, ed. MIT Press, Cambridge, MA.

Peter Arno & Michael Davis, “Why Don’t We Enforce Existing Drug Price Controls? The Unrecognized and Unenforced Reasonable Pricing Requirements Imposed upon Patents Deriving in Whole or in Part from Federally Funded Research,” 75 Tulane Law Review 631 (2001).