Patenting By Universities Unhelpful, Paper Says; WIPO Programme To Be Reviewed

A new publication analysing the relationship between intellectual property and access to science explores ways countries have developed to counter the potential barriers created by IP rights, and says patenting by universities is counterproductive.

The South Centre, an intergovernmental body representing developing countries, yesterday released a research paper entitled, “Intellectual Property and Access to Science,” authored by Prof. Carlos Correa.

The publication underlines the importance of access and use of scientific knowledge for the advancement of science. Transparency and accessibility to scientific data is a key concern for scientists in all disciplines, the paper said.

However, according to the publication, “some developments in intellectual property, notably in the field of patent law, have led to the appropriation of scientific knowledge that by its very nature should remain in the public domain, thereby jeopardizing its dissemination and further use.”

The paper explores the expansion of patents into the scientific area, and policies adopted in some countries to encourage patenting by universities. Those policies, the author said, have been stimulated by the expectation of generating net benefits from the protection and exploitation of research results. However, he said, “this objective has not been achieved in most cases,” and might have created a culture where “the profit motive often trumps more purely scientific based inquiries.”

According to the author, despite the “questionable benefits of a pro-patenting policy by universities,” the World Intellectual Property Organization established the “WIPO University Initiative Program,” in 2002, to assist universities with IP and technology management.

“In view of the concerns referred to, it would seem appropriate to review the premises and impact of this program on the dissemination and use of universities’ research outcomes in developing countries,” the paper said.