Enterprise Meets Education: Business Law Aspects in the Intellectual Property Policies of World-ranked Philippine Universities

Adrian R. Montemayor, Ronaldo R. Cabauatan

University of Santo Tomas, Philippines

Philippine universities are required by law to adopt their own intellectual property (IP) policies. This endeavor involves multiple legal considerations and a balancing of interests among various stakeholders. However, studies focus mostly on the IP policies of reputable universities in developed countries, with few probing into the IP policies of academic institutions in the Global South. Moreover, the literature concentrates on the issues of ownership and economic rights, with little attention given to other crucial concerns covered by IP policies. This work provides a more holistic view of institutional IP frameworks by analyzing and comparing the broader business law aspects in the IP policies of Philippine universities previously included in the world university rankings. Through content analysis blended with doctrinal legal research, this paper examines their declared objectives, types of works covered, kinds of IP creators governed, guidelines for determination of ownership and consequent rights, systems for enforcement and dispute resolution, and alignment with legal principles on academic freedom, freedom of contract, and management prerogative. Findings reveal some similarities in their stated objectives and enforcement mechanisms but also highlight considerable differences in their ownership models and rules for commercialization. While this study does not purport to establish any trend in IP policy-making by administrators of world-ranked Philippine universities, it may nonetheless provide significant insights into what educational leaders prioritize in matters of IP management.

Article link: https://www.asianinstituteofresearch.org/JEBarchives/enterprise-meets-education%3A-business-law-aspects-in-the-intellectual-property-policies-of-world-ranked-philippine-universities