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CGIAR IP principles Presentation Transcript

  • 1. CGIAR IP PRINCIPLESwww.ciat.cgiar.org Eco-Efficient Agriculture for the Poor
  • 2. INTRODUCTION• Property is the most ancient and controversial right.• http://video.google.com/videoplay?docid=- 3943238047917600249#docid=367394046424385517• INTELLECTUAL PROPERTY: products derived from purely intellectual activities. Eco-Efficient Agriculture for the Poor
  • 3. Intellectual Assets (IAs)• IAs are the results or the products of our scientists’ R&D activities – whatever their nature (knowledge, publications, information products, improved germplasm, technologies, inventions, software, processes, etc.) Eco-Efficient Agriculture for the Poor
  • 4. Intellectual property rights (IPRs)• Ownership rights over the intellectual assets, for ex. – Copyright – Database rights – Patents – Plant Variety Rights or Plant Breeders’ Rights – Trademarks – Geographical indications – Trade Secrets• Many of our Intellectual Assets are not protected by IPRs (except for copyright which vests automatically) Eco-Efficient Agriculture for the Poor
  • 5. CLASSIFICATION Intellectual Property Industrial Plant VarietyCopyright Property Protection Eco-Efficient Agriculture for the Poor
  • 6. COPYRIGTH (DERECHO DE AUTOR) COPYRIGHT MORAL RIGHTS ECONOMIC RIGHTS Eco-Efficient Agriculture for the Poor
  • 7. CGIAR IP PRINCIPLES ON IA-Effective since March 2012 for an interim (2 year) basis- Renewed importance with increasing partnerships- Significant milestone for the CGIAR-Applies regardless of funding source and implementing entity- Implementation Guidelines are being developed to ensureunderstanding and coherent implementation Eco-Efficient Agriculture for the Poor
  • 8. IP PRINCIPLES Research results = international public goods• widespread diffusion and use• to achieve the maximum possible access, scale, scope of impact and sharing of benefits• to advantage the poor, especially farmers in developing countries. Eco-Efficient Agriculture for the Poor
  • 9. Center IA management policies• Centers must ensure that their policies and guidelines on IA management are: – consistent with CGIAR IA Principles (includes being consistent with International Treaty and law transposing CBD) – made public (Art 9.2) Eco-Efficient Agriculture for the Poor
  • 10. Capacity• Centers are expected to have the capacity required for the proper implementation of the CGIAR IA Principles• This requires Centers to: – Have staff who are experienced in identifying and managing IP – Provide training to Center staff on IP identification and management Eco-Efficient Agriculture for the Poor
  • 11. Maximizing access and impact• Centers are expected to manage their IAs in ways that: – maximize the global accessibility of the IAs – and/or ensure that they lead to the broadest possible impact on our target beneficiaries• It is the responsibility of Center Boards to ensure that the IAs reach the intended beneficiaries to create impact Eco-Efficient Agriculture for the Poor
  • 12. • General principle: open and non-exclusive access Centers need to ensure prompt dissemination of results (publications, etc.) Eco-Efficient Agriculture for the Poor
  • 13. • Reaching intended beneficiaries sometimes requires Centers to: – take out IP protection, – grant exclusive licenses – and/or access third party IAs that have downstream restrictions  These are possible under certain conditions Eco-Efficient Agriculture for the Poor
  • 14. Partnerships(i) Critical to ensuring access to the best knowledge and innovation, harnessing efficiencies in product development, and achieving maximum impact through effective delivery and deployment, and(ii) may require incentives that must beinnovatively designed, carefully managed anddiligently monitored. Eco-Efficient Agriculture for the Poor
  • 15. • Centers can apply for IP Rights (patents, PVP, etc.) if they are necessary for further improvements of IAs or to enhance impact on beneficiaries Eco-Efficient Agriculture for the Poor
  • 16. • Centers can grant exclusive licenses for the commercialization of IAs: • if exclusivity is necessary and is as limited as possible • Time – Territory - Scope • and if the IAs are available in all countries: - for research by public organizations in furtherance of the CGIAR Vision - and in the event of a national or regional food security emergency (any deviations from these later requirements must be first approved by Consortium) Eco-Efficient Agriculture for the Poor
  • 17. Example: exclusivity with geographic segmentation A Center identifies a biopesticide but does not have the resources (or mandate) to develop it. No other organization will take over development on a non- exclusive basis. Company A is willing to further develop biopesticide into a product suitable for use by farmers if it has exclusive rights to market it in developed countries. Company A is content that product can be commercialized by others in developing countries and that the IA remains available for research by public organizations in support of the CGIAR Vision. Eco-Efficient Agriculture for the Poor
  • 18. Example: time-limited exclusivity A Center develops a promising crop variety, but does not have the resources to disseminate it to farmers in developing Country A. Country A’s national public research and extension agencies inform the Center that they too lack the means to get the variety out to farmers. A few small seed companies are interested in marketing the variety in Country A if they are granted an exclusive license for a certain period of time. Eco-Efficient Agriculture for the Poor
  • 19. • Centers can acquire third party IAs with downstream restrictions if the resulting products further the CGIAR Vision and the Centers cannot acquire the IAs elsewhere with less restrictions Example: accessing third party IAs with downstream restrictions A Center obtained a license from Company A to use an intermediate technology to select a crop variety to be released by the Center in the smaller and poorer developing countries in a region, but not the larger developing countries in the same region, not even for research purposes. The Center is in the best position to breed the new variety as it has many germplasm options available to test different crosses. Eco-Efficient Agriculture for the Poor
  • 20. Sound management of IPCenters need to have standard operating procedures in place to ensure:• ownership/ exploitation rights of IP clarified with partners• that criteria for exclusive licensing, acquiring third party IAs with downstream restrictions, IP and charging fees are met• they have Freedom to Operate• that IP over IAs generated by staff, consultants, visiting scientists, etc., is, to extent possible, owned by Center (cf. IP provisions of HR agmts)• that lab notebooks etc. are appropriately maintained Eco-Efficient Agriculture for the Poor
  • 21. Sound management of IP• that all discoveries or inventions by staff etc. are appropriately disclosed to Center• that existing and future IP Assets are identified• that an IP portfolio (with at least all registered IP rights) is maintained and reported annually to Consortium• attribution, compliance with third party rights, etc.• compliance with all applicable laws (incl. International Treaty, laws transposing CBD, etc. are complied with) Eco-Efficient Agriculture for the Poor
  • 22. Thank youm.v.jaramillo@cgiar.org Eco-Efficient Agriculture for the Poor