Legal Issues in Philippine University Technology Transfer: Ownership and Commercialization of IPRs

Abstract

Even before the enactment of the Philippine Technology Transfer Act in 2009, some universities in the country have already been engaged technology transfer and intellectual property. This was furthered by the enactment of the Philippines’ own version of the Bayh-Dole Act, and efforts from government institutions such as the Technology and Innovation Support Centre Program of the World Intellectual Property Organization and the Intellectual Property Office of the Philippines. But despite the rise in patent applications by universities, there aren’t still many success stories of commercialization of university patents. To increase technology transfer activities, stakeholders are looking into improving university-industry collaboration. But the entry of another party into a research and development arrangement only further complicates issues with regard to ownership. This research paper examines the IP Code, the Technology Transfer Act, and some university IPR policies to determine legal issues in technology transfer in Philippine universities.

Keywords: Intellectual Property, Technology Transfer, Developing Countries, Universities