NXPO President Dr. Kitipong Promwong revealed that the principles of Thai Bayh Dole Bill had been approved at the joint sitting of the National Assembly held on 24 February 2021. The bill received 525 votes in favor, 1 against and 3 abstentions. An Ad-hoc Committee consisting of 49 members has also been established to review the bill.
Thai Bayh Dole is among the bills aiming at reforming Thai research and innovation system. The bill gives institutions the right to claim title to inventions made with government funding, the power to manage their IPs and the freedom to negotiate licensing terms that would best encourage the commercialization of technology. By unlocking all the inventions and discoveries made from public research funds, this bill is expected to stimulate high tech industry and invigorate the country’s overall economy.
Principles of the Thai Bayh-Dole Act:
- The bill gives institutions the ownership of inventions made with government funding.
- The bill covers the government funding administered by 7 funding agencies: 5 agencies under the Ministry of Higher Education, Science, Research and Innovation, the Agricultural Research and Development Agency (ARDA) under the Ministry of Agriculture and Cooperatives and the Health Systems Research Institute (HSRI) under the Ministry of Public Health.
- The bill does not cover research for the following purposes: organization development, national safety and security, the benefit of mankind and research specified in the Royal Decrees.
- A funding recipient must submit a letter and an IP management plan to the funding agency in order to receive a certificate of invention ownership.
- Upon receiving the ownership, the funding recipient must utilize the invention within a 2-year period and submit a report to the funding agency.
- If the funding recipient fails to utilize the invention within 2 years, the ownership will return to the funding agency.
- If the funding recipient fails to utilize the invention within 2 years and there is a request from a third party to utilize the invention, the Science, Research and Innovation Committee will grant a license to the said third party.
- The government maintains the right to utilize the invention for the purpose of research, experiment and investigation.
- The bill provides the government with the march-in rights as approved by the Cabinet, allowing the government to grant patent licenses to other parties in case of national emergencies.
