Viability of Bayh-Dole Act of USA in the Context of India: Critical Evidence from Review of Literature

Abstract

The Bayh-Dole Act (BDA) (1980) of USA changed patent policy, involvement of universities in patenting, augmented commercial revenues and increased collaborations of universities with industries. Therefore, the Act became boon for universities-industries relation and private players in USA. The Government of India (GoI) desired to adopt BDA type Act known as Protection and Utilization of Public Funded Intellectual Property Bill (PUPFIPB)-2008 in Indian research academia. It would help to increase protection and utilization of IPRs originating from public-funded research and commercialization of invention, generation of revenues for research institutions/universities. However, there are debates about this bill in Indian research academia whether the GoI should adopt this bill or not. The Indian public-funded research institution’s situation and socio-economic structure of common citizens are different as compared to USA. Therefore, the present study assesses the viability of USA’s BDA in Indian context. The study achieved following objectives: To identify the usefulness of BDA in USA, its viability in India; thereupon this provides comparison of factors related to science and technology, IPRs in USA and India; to bring out conclusive policy suggestions to increase the awareness of IPRs. Thus, it provides policy implications to increase the effectiveness of Indian bill in research academia.