Harnessing the Power of Patents to Promote Social Justice: The Role of Universities
A patent grants an exclusive right for an invention to the owner such that others cannot commercially exploit the invention. This imposes social costs on the public which limits access to protected work. Although patents play an important role in promoting innovation and economic development, their role in social justice is complex and multi-layered.
In the past few decades, increased scientific understanding has driven people to make use of the new knowledge, leading to an explosion in patented technologies. For instance, in 1980, Ananda Chakraborty received a patent on a bacterium that he had genetically modified such that it “ate” oil.
Since such scientific matters are often of wide social significance, important debates have arisen about the use of protected technologies that can incur heavy costs to people who want to use them.
The complex relationship between patents and social justice
Some of the ways in which patents impact social justice are
- Access to knowledge and/ or technology
Patented technologies and medicines are expensive. This creates barriers in access them in the healthcare sector. As such, patent rights can exacerbate health disparities.
- Global inequality
Patents can have different impacts in developed and developing countries. While they can encourage innovation in developed nations, the cost of licensing may impede access to technologies in developing nations. This means that there may be inequality in distribution of innovation benefits globally.
- Economic disparities
Patent systems and rights may favor large corporations over small businesses or individuals, which may hinder equitable access to economic opportunities.
- Theft of traditional knowledge systems
External entities may patent the traditional knowledge of indigenous communities, which raises the issue of biopiracy and leads to social injustices.
While patents are important in incentivizing innovations, they can aggravate social injustices. In order to address these challenges, it is crucial to balance the need for intellectual property protection with aspects of access, equity, and a broader societal impact.
Policimakers and stakeholders such as universities whose employees are patent-holders are increasingly exploring ways to refine intellectual property rights and patenting systems such that they align better with social justice goals.
What universities can do
Universities play a central role in shaping the relationship between patents and social justice though their patenting and technology transfer practices. Some strategies that universities can adopt to ensure social justice are:
- Use alternative licensing models
Universities can employ alternatives to patents that will still protect the owner’s intellectual property rights, but may not incur high costs to the society. These alternative options include using trademarks, design rights, and first to market license.
- Practice community engagement in technology transfer
Universities can engage with various stakeholders and local communities in order to understand their concerns regarding technology transfer. Technology transfer offices in some Indian universities identify and communicate with potential suitable partners for filing patents based on research in the university.
Universities can also establish systems where stakeholders from the community can give their inputs and participate in decision-making processes related to patents and technology transfer
- Drafting ethical intellectual property rights guidelines
Universities should establish ethical guidelines and frameworks that take into account the impact on marginalized communities and indigenous knowledge. It’s also important for universities to void patenting practices that could contribute to biopiracy and widening social inequalities and injustices.
- Socially responsible patenting practices
Universities can practice socially responsible patenting by prioritizing public interest and societal benefits while making patenting and technology transfer decisions. They can also assess the potential impact of patents on the public having access to essential technologies and products, particularly in the healthcare field.
- Fostering inclusive entrepreneurship
Universities should propose and implement policies that ensure fair and equitable sharing of benefits with various stakeholders. These include inventors, research participants, and communities that have contributed to the patented technology-development. They should also consider the social impact and equitable distribution of benefits while signing licensing agreements
- Encourage technology for societal benefits
Universities can promote social justice of their patented technologies by encouraging more research projects that address social challenges and impact marginalized and underserved communities positively. Prioritizing projects and technologies that align with sustainability goals and social responsibility can help in this process.
- Foster collaborations and open access
University committees should encourage researchers to share knowledge and collaborate with other researchers in the field to ensure a wider social impact. Such collaborations can include a conversation with other institutions, government agencies, non-profit organizations, and any other stakeholders that can help with increasing the benefits of research to public. For instance, several collaborative projects between the pharmaceutical industry and central institutes in India have advanced research in the field of drug discovery. Universities in Japan often host experts with business experience in the private sector to promote technology transfer of research results from the universities.
Universities also need to promote open access principles such as use of open access software and publishing to encourage a wider dissemination of knowledge. Several universities in the US agreed to allow and upload scanned copies of books from their libraries for a wider access.
- Initiate conversations and education about social impact of patents
Integrating education on ethical considerations into the compulsory curriculum for researchers, students, or others involved in technology transfer can increase their awareness about its impact in the society. The Technology Transfer Office of Korea University offers various seminars and discussions on patenting and intellectual property rights. Cultivating a culture of socially and ethically responsible practices among the community can ensure a better social impact of technologies.
- Monitor and hold people accountable
Universities can set up committees to continually monitor and evaluate the social impact of patented technologies. Korea University has a system called Korea University Intellectual Property System (KIPS) to keep track of intellectual property. These committees should hold regular reviews of patenting and technology transfer practices to ensure that they align with the university’s overall social justice goals.
- Advocate for policy changes
By advocating for policy changes at the regional and national levels, universities can support social justice in intellectual property and technology transfers.
Patenting and its social impact: The way forward
The increasing patenting of technologies has also led to people examining intellectual property rights through a social lens. Some of the main aspects considered while assessing the relationship of patenting and social justice are inclusion, access, and empowerment to creating and exploiting intellectual property.
Especially with respect to the first two aspects, universities can play a major role and ensure that intellectual property rights have an overall positive impact on the general public, instead of providing barriers in their access to technologies or knowledge.
With respect to this, according to researchers in the field, change will not happen either quickly, or easily. However, insight and persistence along with effective strategies and their implementation can help us move towards a more socially just world.
