PATENTS: Protect the novel inventions of products and processes and exclude others from using the invention described in the patent document. Are territorial and generally last for 20 years from the date of filing.
Patents in agribiotech may cover eg. Screening methods eg.marker assisted breeding; Breeding methods eg. hybrid technologies; Methods for certain types of selecting and crossing.
Territorial patent rights: No patent rights make,use, sell, import Patented technology patented technology can be exploited
PBRs these protect breeders of varieties that are new and distinct from existing varieties, genetically uniform and stable through successive generations, usually for 20 years. It protects against use of the protected variety for further breeding including the propagating material (seeds, cuttings, tissue) or harvested material eg. fruit
MTAs Contractual Agreements for the transfer of biological material eg. seeds, plant varieties.
sMTAs Standard MTAs under the ITPGRFA multilateral system for plant genetic resources
New Plant Variety - Deconstruction Source: IP Handbook of best practices Technological component, process, or tool Likely Proprietary protection Relevant documents Cell culture IP Rights, TP Rights patents, MTAs Genes IP Rights patents Research tools used and related techniques IP Rights patents, technology-use licenses Plant transformation techniques ( eg agrobacterium and/or bio-projectile methodologies) IP Rights patents, technology-use licenses Plant genetic transformation constructs (eg., vectors, promoters, transit peptide sequences) IP Rights, TP Rights patents, MTAs Plant cell culture techniques and cell lines IP Rights, TP Rights patents, MTAs Germplasm used for genetic transformation IP Rights, TP Rights, possibly trade secrets (for example, if variety was developed using parental lines protected as trade secrets) patents, plant variety certificates, possibly MTAs (for example, if germplasm is covered by the PGRFA), bag-tag licenses
Ignorance about IPR laws may possibly subject research institutions to financial liability or damage to their reputations.
Understanding and managing IP is a practical necessity for research scientists. Though patent law allows exceptions for pure research, commercialisation or application of the developed technology would require permission to use if IP exists.
IP strategy must be integrated with the R&D Strategy early in the research program. Effective IP policies, template contracts, internal monitoring mechanisms critical, FTO analysis.
Compliance with government regulations and industry guidelines:
Ethical standards; Industry guidelines; Biosafety issues; Cultural Issues; PIC if biological materials used relate to TK; Health and ethical research issues.
ILRI Spearheading a New Way Forward Freedom to Operate It is the ability to proceed with the research, development, commercialization and production of a research product or process with minimal risk of infringing the unlicensed IP rights of third parties .
www.ilri.org PROPERLY MANAGED INTELLECTUAL PROPERTY MAY FACILITATE NOT HINDER ACCESS AND USE OF PROPRIETARY TECHNOLOGY!