Presented by Linda Opati at the First Bio-Innovate Regional Scientific Conference, Addis Ababa, Ethiopia, 25-27 February 2013

1. Ensuring freedom to operate:
Production systems for the future:
IP inventory and FTO analysis
balancing trade-offs between food production,
efficiency, livelihoods and the environment
Linda Opati
ILRI IP &LEGAL COUNSEL l.opati@cgiar.org
BIPCEA PROJECT
M. Herrero and P.K. Thornton
First Bio-Innovate Regional Scientific Conference
WCCA/Nairobi Forum Presentation
United Nations Conference Centre (UNCC-ECA) 2010 | ILRI, Nairobi
21st September 1
Addis Ababa, Ethiopia, 25-27 February 2013

2. Overview
 PLANNING PHASE - Access to Technology for R&D
• Innovation relies on access to advanced technologies to create the
desired products.
 RESEARCH PHASE - Research Exemption
• A search of patent documentation might disclose a research tool, or a
process, that might be the only way, or the most efficient way, for the
research.
• The technology may be described in a patent that is not in force in your
country/may well be.
 COMMERCIALISATION PHASE: Freedom to Operate
• FTO means that you are able to proceed with the R&D,
commercialization and production of your innovation with minimal risk of
infringing the unlicensed IP rights of third parties in the countries/territory
where the innovation will be disseminated. 2

3. Why IP Strategy is critical
Ignorance about IPRs may result in financial liability
or damage to reputation.
IPRs can be used to promote the development,
dissemination and uptake of research by potential
business partners.
It’s a practical necessity as research tools may be IPR
protected.
Use of genetic materials and TK - Attribution of
source and evidence of PIC and benefit-sharing
arrangements is required.
IP strategy must be integrated with your R&D
Strategy – planning, research outcomes, marketing.
3

4. 1. TANGIBLE PROPERTY
2. METHODS OF DOING
SOMETHING
3. PUBLICATIONS (text, data) &
COMPUTER CODE
4. TRADITIONAL KNOWLEDGE
(genetic resources)
5. DOES YOUR INSTITUTION HAVE
AN IP POLICY/OFFICE
4

5. Do you have Freedom to
Operate??
IP has to be managed actively to deliver the benefits
expected of it. Well managed, it should support the
goals of your research program; poorly managed it
can be costly without providing any substantial
benefits.
ILRI Spearheading a
New Way Forward
5

6. Do you have Freedom to
Operate??
IP has to be managed actively to deliver the benefits
expected of it. Well managed, it should support the
goals of your research program; poorly managed it
can be costly without providing any substantial
benefits.
ILRI Spearheading a
New Way Forward
5