Assessing the Challenges of Patent and Research Exemptions on Research Capacity and Utilization in Universities, Research Institutions and Industry in Botswana

Date

2010-07

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Abstract

The study analyzed the opinion of a stratified sample of 366 people from universities, research institutions and industry in Botswana on how patent regime and research exemptions impact on their research capacities and utilization of research outputs. The results of the study showed that although awareness of the use of patent rights to protect their invention was low (67%), the utilization of patent was extremely very low (8%). In addition, over 75% of the respondents were convinced of the need of granting universities and research institutions statutory research exemptions. In their view, granting such exemptions will enhance the researchers’ abilities to verify the truthfulness and accuracy of patent claims, and be able to compare old and new technologies. The study therefore recommends that (i) the IP Unit in the relevant ministry needs to adopt a more proactive role by sensitising people, especially those whose activities may result in inventions, about their IP rights, how these rights can be protected, the advantages of protecting their rights to inventions through patents and the patent procedure. Information literature contained in leaflets and other types of flyers should be widely used; (ii) The Tertiary Education Board, which is the supervisory body for education in the country needs to formulate an IP policy which should guide all the tertiary institutions in the country; (iii) The existing legal framework on patent rights and research exemptions in Botswana need to be made more effective; (iv) The Government, tertiary institutions and industry must be compelled to allocate funds for research and innovation; (v) Financial incentives, possibly through a 50/50 sharing of royalties from patents should be introduced; and (vi) Academic institutions should device well-publicised schemes to recognise and reward innovative initiatives by staff.

Description

A Final Technical Report Submitted to the International Development Research Centre (IDRC)

Keywords

PATENTS, RESEARCH EXEMPTIONS, INTELLECTUAL PROPERTY, AWARENESS, BOTSWANA, RESEARCH CAPACITY

Citation

DOI