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South Africa's new tech-transfer law and its effects on OA Audra Mahlong and Siyabonga Africa, IP Bill locks down innovation, IT Web, January 15, 2009. Excerpt:
Comment. Tech transfer laws like this one do allow the patenting of otherwise patentable discoveries made by publicly-funded research, and to that extent they enclose more of the commons. We can debate their wisdom. But even if they expand enclosure and create a corrupting influence on universities, it's not clear that they impede OA to research itself. The Bayh-Dole Act in the US did not, for example, block the NIH policy, even though the law was 24 years old and well-entrenched by the time the NIH policy was first proposed. Looking at the other end of the stick, however, OA can advance the goals of tech transfer by making it easier for businesses to monitor new discoveries that might be ripe for investment and commercialization. That's why the European Commission tech-transfer report of April 2008 recommended OA for publicly-funded research. |