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...

Full description

Bibliographic Details
Main Author:	Azmi, Ida Madieha
Format:	Article
Language:	English English
Published:	UPM Press 2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/41528/ http://irep.iium.edu.my/41528/ 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

id	iium-41528
recordtype	eprints
spelling	iium-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 PeerReviewed 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
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
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/ http://irep.iium.edu.my/41528/ 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
first_indexed	2023-09-18T20:59:28Z
last_indexed	2023-09-18T20:59:28Z
_version_	1777410525645242368

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

Similar Items