House bill seeks creation of advisory body on intellectual property

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IP Currently, there are no clear rules and policies regarding the utilization of intellectual property rights that were created using public money. As contained in House Bill 5254, Agri party-list representative Delphine Gan Lee said that the government needs to manage its intellectual property effectively so that it is best utilized for the benefit of the government, the taxpayers and the private sector. “It is submitted that agency and public authority policies should be appropriately formed and upheld in practice to ensure all participants in research and in commercialization of research discoveries understand their obligations and responsibilities,” Lee said. Lee said the intellectual property generated by government-funded research represents a great opportunity to return social and economic value to taxpayers in return for public investment in research. The lady lawmaker emphasized that the public interest in research outcomes needs to be protected both by the government and by the beneficiaries of such awards, including research bodies that are the grant recipients. “The application and utilization of the results of research grants can play a significant role in the development of new consumer and industrial products, of new industrial processes, and in the enhancement of the productivity and competitiveness of business involved in the production of existing products,” Lee stressed. Under the measure to be known as the “Intellectual Property Asset Management Act of 2014,” the council of advisors will be formed composed of the secretary of trade and industry, who would act as the chairperson of the council, the secretary of science and technology, the chairman of the National Economic Development Authority (Neda), two representatives from state colleges and universities, two should be a representative of private colleges and universities and three from the private sector. All members of the advisory council should serve for a term of two years or until such time as the council has completed its recommendations to the president. The advisory council should submit its recommendations in writing to the president within six months after the first meeting which should include whether all, none or some of the rights arising out of the creation of intellectual property should be dedicated to the public domain. Further, the recommendation should contain the manner by which the government should maximize the protection of intellectual property that it owns, the manner by which government employees and officials should be made aware of the obligations, restrictions, requirements and opportunities regarding the protection and management of government-owned intellectual property and the manner by which government employees and officials should be informed on disclosure and whether a uniform system of disclosure should be developed and implemented. The council should also submit reports to the president providing guidance on how to promote the utilization of intellectual property arising from government-supported contracts, grants and agreements, encourage maximum participation of small-business firms in licensing government-owned intellectual property and promote collaboration between commercial concerns and government entities in commercializing government-owned intellectual property. Likewise, the council should ensure that there are mechanisms in place that allow the government to obtain certain minimal rights in government-supported intellectual property to meet the needs of the government and protect the public against non-use or unreasonable use of such intellectual property.]]>

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