Patents hinder knowledge transfer to developing countries

7 December 2011

Patents indirectly hinder researchers in developing countries who want to apply the latest technologies. The government, universities and organisations that fund research do not appear to be fully aware of this problem. These findings have emerged from a joint study by Dutch, South African and Ugandan knowledge institutes funded by the Netherlands Organisation for Scientific Research (NWO).

'Policy makers in the Netherlands think that developing countries have free access to our knowledge and technology,' says Bram de Jonge, one of the Dutch researchers. 'That is because technology developers in our country do not usually apply for patents in developing countries.' However there is a snag, he explains. The development of new drugs or genetically modified seeds, for example, requires so much knowledge, technology and genetic material that researchers in developing countries cannot realise this by themselves. They must collaborate with universities and companies from abroad to gain access to the expertise, tools and material. However, the universities and companies are located in countries where those patents do apply, so this knowledge has to be paid for. The costs associated with this are far too high for many humanitarian projects. Consequently the application of knowledge in developing countries is still obstructed.

Protection

The scientists conclude that not just foreign but also Dutch universities are investing increasingly more in the protection of their own research results. The patents emerging from this are mostly sold or licensed to companies. The universities rarely ensure that their knowledge and technology still remains free for humanitarian purposes.

The researchers conclude that universities, in cooperation with the government and funding bodies such as NWO, can ensure that their knowledge protection does not form a barrier for developing countries. De Jonge: 'That is indeed vital for the new government policy for development cooperation in which Dutch knowledge and expertise must play a major role.'

Developing countries are rapidly enacting legislation under which intellectual property rights are protected. This legislation is often copied from the West without carefully examining whether it is entirely appropriate to the local situation and needs.

Today the researchers are organising a meeting in South Africa to discuss these problem with the policy makers concerned. Several weeks ago they held a similar meeting in Uganda.

The results of the research are described in the book Harnessing Intellectual Property Rights for Development Objectives that was published last month by Wolf Legal Publishers (http://www.wolfpublishers.com/harnessingipr). The research was funded by WOTRO Science for Global Development, part of the Netherlands Organisation for Scientific Research (NWO) and by the Dutch Ministry for Foreign Affairs.

About NWO

The Netherlands Organisation for Scientific Research (NWO) is the national research council in the Netherlands and has a budget of more than 500 million euros per year NWO promotes quality and innovation in science by selecting and funding the best research. NWO manages research institutes of national and international importance, contributes to strategic programming of scientific research and brings science and society closer together. Research proposals are reviewed and selected by researchers of international repute. More than 500 scientists can carry out research thanks to funding from NWO.

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last modified on 6 February 2012