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The Ethics of Intellectual Property Rights (IPR): The Case of Jagadis Bose Jagad

ID: 460186 • Letter: T

Question

The Ethics of Intellectual Property Rights (IPR): The Case of Jagadis Bose

Jagadis Bose was a scientist-inventor from India who is known to have made critical contributions to the invention of the radio. However, Bose deliberately insisted upon not filing a patent for his invention in the belief that scientific discovery should be freely shared and its resultant benefits should be a free domain for all of humankind. As a result, not only did he lose out on potential profits of his research but also the recognition that was his due. In time, much of Bose's research was applied to the development of profitable inventions and devices including the radio.

Here is an excerpt of Bose's speech given during the inauguration of the Bose Institute in 1917:

The advance of science is the principal object of this institution and also the diffusion of knowledge.....In adding this feature, and on a scale hitherto unprecedented in a Research Institute, I have sought permanently to associate the advancement of knowledge with the widest possible civic and public diffusion of it; and this without any academic limitations, henceforth to all races and languages, to both men, and women alike, and for all time coming.....these publications will reach the whole world. The discoveries made will thus become public property. No patents will ever be taken.

Excerpt taken from:

http://resources.boseinst.ernet.in:8080/xmlui/bitstream/handle/123456789/3184/The%20Voice%20of%20Life.pdf?sequence=1&isAllowed=y

Keeping in mind how closely companies guard their secrets, and the millions of dollars spent in patents and copyright protection, do you think

1) Bose's ethical value system has any lessons for today's society?

2) Consider also Bose's stand and the position taken by most businesses today in light of Kohlberg's model of moral development (Chp. 2 - pg. 39). Where do you think corporate businesses fit within this model? - hint: think of the methods employed to motivate workers in a job (often reward/punishment based) Where does Bose fit in the same framework? Why?

Basically, in the second question you are expected to think along the lines of why we do (as business decision makers), what we do using Kohlberg's model? Is it because of Stage 1: a fear of some sort? Is it because of a desire of reward? Stage 2: Is it because of peer pressure? Is it because we totally believe in this system as the very best for all concerned (stakeholders)? Stage 3: Are we ready to take decisions,which are more universally beneficial - that is, beneficial to more than just our shareholders and investors?

Sources:

http://www.frontline.in/static/html/fl1506/15060810.htm

http://ieeexplore.ieee.org/xpl/articleDetails.jsp?arnumber=658778&filter%3DAND%28p_IS_Number%3A14340%29

Explanation / Answer

Bose's stand on not patenting his inventions stemmed from the belief that science should be restricted to a few. His intentions were to look for answers rather than monetize his inventions. In general, when R&D is left at the hands of individuals, the chances of new inventions being used for selfish means is considerably less. A similar example can be seen in the case of Jonas Salk who refused to patent to polio vaccine. In current times most of the R&D is controlled by major corporations who have spent millions of dollars in investing for the necessary resources that can foster invention. In such a scenario, there is always a need to monetize the findings so that they receive a return of investment. Expecting companies to invest huge amounts of money for charitable research is not practical and hence not very relevant today. Bose's philosophy specially holds true in the field of medicine in the current times. With increasing poverty and diseases,the current society can learn from his thought process to ensure that dicoveries in the field of medicine are not monetized to an extent that they become unavailable to the masses.

The Kohler model of moral development is of six stages as given below

The actions taken by companies / managers can easily fit into one of the above stages. When motivation of employees is based on punishing mistakes and not understanding their point of view, it falls into the first stage, This level is generally employed with the lowest rung of employees in the organization. As we move up the stages, the management style becomes more and more inclusive. It starts by focussing on the individual and by the last stage, it considers the broad perspective of humanity and the impact the company can have on the same. While profit orienteted businesses fall in stage 2, NGOS and other charitable organizations/ funds fall in the last stage

Bose's philosophy is a clear example of the Stage 6 thought process. The decision taking process in this stage is guided by an individual's perspective of what benefits the universe as a whole. They are guided by their ethics and not concerned with selfish motives

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