THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
THE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTy towers, but that is changing as universities become large-scale technology owners. As a result, universities today interface more actively with industry. At the same time, they lake a strong role in affirmatively influencing the path of innovation in the United States and globally. Consequently, u THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTniversities wield enormous power in the controversial economics of intellectual property. This article questions whether that position is a proper oneTHE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
for universities, whether it is abused, and whether universities are directing their power and money to the best interests of the public, examining fTHE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST quietly passed the Bayh-Dole Act, with the simple objective of standardizing the rules regarding ownership of patents on inventions created using federal-research funds. Patents are considered to be the price of progress, a subject of raging debate amongst scholars in the intellectual-property comm THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTunity. One phenomenon that has been largely absent from that debate, however, is that as a result of the Bayh-Dole Act, universities are actually addiTHE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
ng to the cost. Examining both the origins of the Bayh-Dole Act, and its reality 25 years later, this article undertakes a critical analysis of the AcTHE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTIAL PURPOSE OF THE BAYH-DOLE ACT (And What Really Happened)5PART III.AN ONGOING TEST: KEY PROVISIONS OF THE BAYH-DOLE ACT (The Significance of Their Dormant Power)19PART IV.A HARSH REALITY OF MISMANAGEMENT: MISUSE OF FEDERAL RESEARCH FUNDS32PART V.FURTHER TROUBLE DOWNSTREAM: ABUSE OF LICENSING POWER THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST AND INCOME 43PART VI.A COMPARISON WITH INTERNATIONAL SCHEMES: IS THIS RE ALLY THE BEST MODEL?67PART VII.RESOLVING THE DISPARITY: A PROPOSAL FOR A MORTHE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
E FAIR SYSTEM721PART VIII. CONCLUSION79PARTI. INTRODUCTIONUniversities have a reputation for being isolated ivory towers, but that is changing as univTHE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTrong role in affirmatively influencing the path of innovation in the United States and globally. Consequently, universities wield enormous power in the controversial economics of intellectual property. This phenomenon is very much due to the passage of a simple technology bill by Congress 25 years a THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTgo, the “Bayh-Dole Act.”1 *The Bayh-Dole Act has alternatively been praised and roasted as “inspired,”' a “sea change,”3 and “the law of unintended coTHE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
nsequences."4 5 The Act was passed by Congress without bells and whistles in 1980? with the simple purpose of standardizing the rules regarding ownersTHE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTersities into commercial entities, created a multi-billion-dollar industry of technology1 “The Universities and Small Business Patent Procedures Act” Public Law 96-517, 96* Cong., 94 Stat. 3015 (1980); enacted as 35 use 200, et. seq.• Bayhlng for blood or Doling our cash ECONOMIST December 24, 2005 THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTat 52 (referring to its own earlier quote: "possibly the most inspired piece of legislation to be enacted in America over the past half-century.")3RebTHE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
ecca s. Eisenberg, Public Research and Private Development: Patents and Technology Transfer in Government-Sponsored Research, 82 Va. L. Rev. 1663 at 1THE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTde, there was not truly much dispute that the Bayh-Dole Act would pass: See Peter s. Amo and Michael H. Davis. Why Don r Enforce Existing Drug Price Controls? The Unrecognized and Unenforced Reasonable Pricing Requirements Imposed Upon Patents Deriving in whole or in Part From Federally Funded Resea THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTrch, 73 Tu). L. Rev. 631 (February' 2001) at 656; See also Economist, Bayhing, supra note 2 (“It was billed as a minor legal tweak." ) Interestingly,THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
Senator Bay!) had just lost the election but he “managed to squeak I this] last bill through Congress." Bernadette Tansey, The Building of Biotech 25 THE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTotechnology company and discovery of the past 25 years?Ihc Bayh-Dolc Act allows universities and other recipients of federal-research lunds to elect tide to resulting inventions? Basic: conditions include (i) the university must disclose the invention to die federal government “within a reasonable t THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTime”;'1 (ii) die university must inform the government of its intent to patent;6 7 8 9 10 and then provide updates if requested to do so:11 (ill) theTHE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
university must retain tide;12 (iv) die university must share licensing proceeds with the inventors;1’ and (v) the balance of licensing income must beTHE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTate witli industry to bring forth great technological gains. On the other hand, it has also allowed universities to irresponsibly over-patent due to the moral hazard inherent in the Act’s ownership provisions.15 Some scholars have referred to this as the “anticommons” effect of patenting.16 The anti THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTcommons issue is further aggravated by the fact that universities frequently patent basic research tools and early-stagc findings.1’6See Leaf, supru nTHE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
ote 4. dl 266; See o/so Arno. supra note 5. dl G68.7This article focuses on university recipients, which have had the greatest impact.8See 35 u.s.c. 5THE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivory THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTu practice in performance under a funding agreement.” to be considered a “subject invention" under the An. 35 u.s.c. 5201(e) (2000).935 u.s.c. 52O2(cXl) (2002).1035 U.S.C.. 5202(c)(3) (2002).1135 L.s.c. 5202(c)(5) (2002).1 35 u.s.c. 5202(c)(2) (20U2), with certain exceptions allowed for transfer of THE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COSTtitle to other organizations; 35 u.s.c. 5202(c)(7)(A) (2002).° 35 U.S.C. 5 202(C)(7)(B) (2002) Especially to US and small businesses 35 u.s.c. 5 204.wTHE PRICE OF PROGRESS ARE UNIVERSITIES ADDING TO THE COST
35 u.s.c. 5 202(c)(7)(C): See Jeffrey Armstrong, Buyh-Do/e Under Siege: I he challenge to Federal Patent Policy as a Result of Madey V. Duke UniversiTHE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivoryTHE PRICE OF PROGRESS: ARE UNIVERSITIES ADDING TO THE COST?By Lorelei Ritchie de LarenaABSTRACTUniversities have a reputation for being isolated ivoryGọi ngay
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