Patents and the practice of open science among government research institutes in Malaysia: The case of Malaysian Rubber Board Original Research Article

In Malaysia, public universities and government research institutes (GRIs) are the main source for new technologies and innovations in the agricultural sector. Evidence shows that IP protection has become a norm for universities and GRIs throughout the world. The increased patenting and commercialization activity, however, brings with it concerns over limitation of the right for follow-up research, changes the norms of open-science and constrains open innovation in industry. The ensuing question is: will the increase in patenting activities by GRIs affect the patterns of knowledge transfer from the institute to the upstream, middle-stream and downstream industries? How do the GRIs decide which agricultural innovations are to be made available in the public domain and which are to be patented and made accessible for a fee? This paper first examines the central concerns surrounding open science in GRIs in relation to the output of R &D funded by the Malaysian government. The paper then explores the patent practice of the Malaysian Research Board (MRB) as a case study. MRB is chosen specifically as it is one of the oldest GRIs and the pioneer in patenting in Malaysia. Among the issues that are dealt with in this paper are: how does the Board balance its role in conducting research for the good of the society as opposed to claiming proprietary rights? How does the Board diffuse the R & D results to the small-scale farmers? What are the modes of commercialization adopted by them? The paper ends by suggesting that a balance between open science and patents must be maintained by the MRB in order to move the economy up the value chain.