TY - JOUR
T1 - Universities as Engines of Development
AU - Ghosh, Shubha
N1 - Funding Information:
March-in rights under the Bayh–Dole Act allows a funding agency to obtain a compulsory license for the commercialization of patented technologies arising from the federal grant. This provision serves to promote public access of technologies and has been touted as permit affordable pharmaceuticals to consumers. Unfortunately, the benefits have not been as strong as predicted. According to one policy study, “the Bayh–Dole Act’s march-in rights continue to be invoked by policymakers and health advocates, most recently in the context of new, high-cost products originally discovered with federally funded research. [But] the existence of march-in rights may select for government research licensees more likely to commercialize the results and that they can be used to extract minor concessions from licensees. [A]s currently specified in the statute, such march-in rights are unlikely to serve as a counterweight to lower the prices of medical products arising from federally funded research.”
Publisher Copyright:
© 2021 Walter de Gruyter GmbH, Berlin/Boston 2021.
PY - 2021
Y1 - 2021
N2 - The Bayh-Dole Act was enacted in the United States in 1980 to promote economic development and growth at regional and national levels. A key engine is research generated within universities. This article addresses the question of how universities can serve as engines of development. Drawing on Cooter and Shaeffer's work on law and development, specifically what they call the double trust problem, this article shows how the Bayh-Dole Act was justified as resolving the double trust problem arising from lack of property rights in university research. This article presents the argument that this goal of the Bayh-Dole Act ignores how universities solve another dimension of the double trust problem, namely the generation of human capital. The author examines the theoretical justifications for the Bayh-Dole Act and universities and the empirical policy literature assessing university patenting and commercialization in the United States, South Africa, and India.
AB - The Bayh-Dole Act was enacted in the United States in 1980 to promote economic development and growth at regional and national levels. A key engine is research generated within universities. This article addresses the question of how universities can serve as engines of development. Drawing on Cooter and Shaeffer's work on law and development, specifically what they call the double trust problem, this article shows how the Bayh-Dole Act was justified as resolving the double trust problem arising from lack of property rights in university research. This article presents the argument that this goal of the Bayh-Dole Act ignores how universities solve another dimension of the double trust problem, namely the generation of human capital. The author examines the theoretical justifications for the Bayh-Dole Act and universities and the empirical policy literature assessing university patenting and commercialization in the United States, South Africa, and India.
KW - commercialization
KW - intellectual property
KW - university
UR - http://www.scopus.com/inward/record.url?scp=85109018557&partnerID=8YFLogxK
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U2 - 10.1515/ldr-2021-0042
DO - 10.1515/ldr-2021-0042
M3 - Article
AN - SCOPUS:85109018557
SN - 1943-3867
JO - Law and Development Review
JF - Law and Development Review
ER -