Intellectual property policy and academic patenting in Malaysia: challenges and prospects

The Malaysian government has identified innovation as the main economic driver in the transition to a high income nation in 2020. In Malaysia, the public universities and public research institutes have been instrumental in the creation of intellectual property for the country. This paper begins...

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Main Author: Azmi, Ida Madieha
Format: Article
Language:English
English
Published: UPM Press 2014
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Online Access:http://irep.iium.edu.my/41528/1/Intellectual_Property_Policy_and_Academic_Patenting_in_Malaysia.pdf
http://irep.iium.edu.my/41528/4/41528_Intellectual%20property%20policy%20and%20academic.SCOPUSpdf.pdf
http://irep.iium.edu.my/41528/
http://www.pertanika.upm.edu.my/current_issues.php?jtype=2
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spelling my.iium.irep.415282017-09-20T02:37:39Z http://irep.iium.edu.my/41528/ Intellectual property policy and academic patenting in Malaysia: challenges and prospects Azmi, Ida Madieha K Law (General) The Malaysian government has identified innovation as the main economic driver in the transition to a high income nation in 2020. In Malaysia, the public universities and public research institutes have been instrumental in the creation of intellectual property for the country. This paper begins with a foray into the rise of academic patenting in Malaysia by looking at patent statistics filed by academic institutions and government research institutes. It then examines two national policy instruments that have been formulated by the government to encourage technology transfer to the industry i.e. the Government Circular on the Management of Intellectual Property owned by the Government and the Distribution of Royalties 1999and Intellectual Property Commercialisation Policy for Research and Development (R&D) Projects Funded by the Government of Malaysia. To examine the wisdom of these two policy instruments, their provisions are compared to the US Bayh-Dole Act 1980. The paper continues to examine some of the key US court decisions on the interpretation of the Bayh-Dole Act. Finally, the paper explores the position of institutional intellectual property polices in determining IP ownership disputes between the university employer and the academic employee. For this purpose, a comparable Australian case in which a university IP policy was scrutinized is discussed. This is done in order to have a better understanding of the legal challenges that might face any claims of IP ownership by academic institutions. The paper ends by suggesting that academic institutions in Malaysia will continue to play a big role in churning intellectual property for the country if the current policy stand is to be maintained. UPM Press 2014 Article REM application/pdf en http://irep.iium.edu.my/41528/1/Intellectual_Property_Policy_and_Academic_Patenting_in_Malaysia.pdf application/pdf en http://irep.iium.edu.my/41528/4/41528_Intellectual%20property%20policy%20and%20academic.SCOPUSpdf.pdf Azmi, Ida Madieha (2014) Intellectual property policy and academic patenting in Malaysia: challenges and prospects. Pertanika Journal of Social Science & Humanities, 22 (1). pp. 1-20. ISSN 0128-7702 http://www.pertanika.upm.edu.my/current_issues.php?jtype=2
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic K Law (General)
spellingShingle K Law (General)
Azmi, Ida Madieha
Intellectual property policy and academic patenting in Malaysia: challenges and prospects
description The Malaysian government has identified innovation as the main economic driver in the transition to a high income nation in 2020. In Malaysia, the public universities and public research institutes have been instrumental in the creation of intellectual property for the country. This paper begins with a foray into the rise of academic patenting in Malaysia by looking at patent statistics filed by academic institutions and government research institutes. It then examines two national policy instruments that have been formulated by the government to encourage technology transfer to the industry i.e. the Government Circular on the Management of Intellectual Property owned by the Government and the Distribution of Royalties 1999and Intellectual Property Commercialisation Policy for Research and Development (R&D) Projects Funded by the Government of Malaysia. To examine the wisdom of these two policy instruments, their provisions are compared to the US Bayh-Dole Act 1980. The paper continues to examine some of the key US court decisions on the interpretation of the Bayh-Dole Act. Finally, the paper explores the position of institutional intellectual property polices in determining IP ownership disputes between the university employer and the academic employee. For this purpose, a comparable Australian case in which a university IP policy was scrutinized is discussed. This is done in order to have a better understanding of the legal challenges that might face any claims of IP ownership by academic institutions. The paper ends by suggesting that academic institutions in Malaysia will continue to play a big role in churning intellectual property for the country if the current policy stand is to be maintained.
format Article
author Azmi, Ida Madieha
author_facet Azmi, Ida Madieha
author_sort Azmi, Ida Madieha
title Intellectual property policy and academic patenting in Malaysia: challenges and prospects
title_short Intellectual property policy and academic patenting in Malaysia: challenges and prospects
title_full Intellectual property policy and academic patenting in Malaysia: challenges and prospects
title_fullStr Intellectual property policy and academic patenting in Malaysia: challenges and prospects
title_full_unstemmed Intellectual property policy and academic patenting in Malaysia: challenges and prospects
title_sort intellectual property policy and academic patenting in malaysia: challenges and prospects
publisher UPM Press
publishDate 2014
url http://irep.iium.edu.my/41528/1/Intellectual_Property_Policy_and_Academic_Patenting_in_Malaysia.pdf
http://irep.iium.edu.my/41528/4/41528_Intellectual%20property%20policy%20and%20academic.SCOPUSpdf.pdf
http://irep.iium.edu.my/41528/
http://www.pertanika.upm.edu.my/current_issues.php?jtype=2
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score 13.159267