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Bennett open access_7-31-10
 

Bennett open access_7-31-10

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  • Since the 1980s molecular biology has emerged as a leading tool for improving crop genetics, ushered in by a new mode of disseminating research results, private development done under patent protection. While the growth in patents owned by industry might be expected in any emergent technology, the surprise to many is the extent to which public research institutions and universities have also engaged in patenting the results of their research in plant biotechnology, encouraged in the US by legislation, the Bayh-Dole Act, passed by Congress in 1980.
  • That so-called public sector “portfolio” is made up of numerous uncoordinated splinters of patented technologies. Each institution competes with the others for research funding and licensing revenues. Any third party interested in accessing a full platform of technologies from public sector institutions would need to negotiate separately with multiple owners, involving considerable transaction costs and potential holdups… a situation dubbed “the crisis of the anti-commons” with too many property rights leading to an underutilization of a valuable resource. It is the inverse of the traditional notion of the “crisis of the commons” whereby the nonexistence of property rights leads to an over utilization of a valuable resource. PIPRA was created as a coming together of public sector institutions pledging to seek useful ways to coordinate their individual management of IP. Public sector institutions would become part of the PIPRA initiative by signing a multilateral Memorandum of Understanding.
  • As time goes on, we are beginning to see major trends in how private business operates within plant genetics. Much as in pharmaceuticals and health, the private sector pursues the large market blockbusters, leaving innovations with potentially high social value, but limited profit potential as “orphans”. An analysis of the R&D pipeline in nutritional and product quality traits shows that while a lot of interesting early stage leads are available (mostly arising from publicly funded research) very little has received enough investment to commercialize it, even with the incentives of intellectual property in place. It suggests there still may be a role for the public sector in developing “orphan” crops.

Bennett open access_7-31-10 Bennett open access_7-31-10 Presentation Transcript

  • Collaborative IP – real world experiences Agricultural and environmental technologies
  • Population ~2.2 fold increase We need to produce 38% more rice by 2030 “ International Food Policy Research Institute” Except > shift to animal based diets and > demand for bioenergy OVERALL DEMAND MAY BE ADDITIONAL 75%
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  • Technology can make a difference...
    • Coastal and natural resource management
    • Climate data & early warning systems
    • Low carbon electrification
    • Water management
    • Agriculture
  • Agricultural/environmental research – increasingly a private asset… US Patents granted in agricultural biotechnology Lignocellulosic biofuels
  • US 2007/0022495 A1 patent application And the patent claims are appropriating public science and fast pace …
    • A transgenic plant having an improved trait relative to a control plant, wherein: (a) the transgenic plant comprises a recombinant polynucleotide encoding a first polypeptide having a conserved domain at least 65% identical to the conserved domain of a second polypeptide selected from the group consisting of SEQ ID NO: 110, 112, 116, 120, 124, 128, 131, 135, 139, 143, 147, 151, 155, 159, 163, 167, 171, 175, 179, 183, 187, 191, 195, 199, 203, 207, 211, 215, 219, 223, 227, 231, 235, 239, 243, 247, 251, 255, 259, 263, 267, 271, 275, 280, 284, 288, 292, 296, 299, 303, 306, 309, 313, 317, 321, 325, 329, 333, 337, 341, 345, 349, 353, 357, 361, 365, 369, 373, 377, 381, 385, 389, 393, 397, 401, 404, 406, 409, 413, 416, 419, 422, 425, 428, 431, 435, 439, 443, 447, 451, 454, 458, 462, 465, 468, 471, 475, 478, 482, 485, 489, 493, 497, 501, 505, 509, 512, 515, 519, 522, 526, 530, 534, 538, 542, 546, 550, 553, 557, 561, 565, 568, 571, 574, 577, 581, 585, 588, 591, 594, 597, 601, 605, 609, 613, 616, 620, 624, 628, 632, 636, 640, 644, 648, 652, 656, 660, 664, 667, 671, 674, 678, 682, 686, 689, 692, 696, 700, 704, 708, 712, 715, 719, 723, 727, 731, 734, 738, 741, 745, 749, 752, 756, 760, 762, 766, 770, 774, 778, 782, 786, 789, 793, 797, 801, 805, 809, 813, 816, 819, 823, 827, 831, 835, 839, 843, 847, 851, 855, 859, 863, 867, 871, 874, 878, 882, 886, 890, 894, 898, 901, 905, 909, 913, 917, 921, 925, 929, 933, 937, 941, 945, 949, 953, 957, 960, 963, 966, 970, 973, 976, 980, 984, 988, 992, 995, 999, 1003, 1007, 1011, 1015, 1019, 1023, 1027, 1031, 1037, 1041, 1045, 1049, 1052, 1056, 1060, 1064, 1067, 1071, 1075, 1078, 1081, 1085, 1089, 1093, 1097, 1101, 1104, 1108, 1112, 1116, 1120, 1123, 1126, 1130, 1134, 1138, 1142, 1145, 1148, 1151, 1154, 1157, 1161, 1165, 1169, 1173, 1177, 1181, 1185, 1188, 1192, 1195, 1199, 1203, 1207, 1211, 1215, 1219, 1222, 1226, 1229, 1233, 1236, 1240, 1243, 1247, 1251, 1254, 1258, 1262, 1266, 1269, 1273, 1277, 1281, 1285, 1289, 1293, 1297, 1300, 1304, 1308, 1311, 1314, 1318, 1322, 1326, 1330, 1334, 1338, 1342, 1346, 1350, 1354, 1358, 1361, 1365, 1369, 1372, 1376, 1380, 1384, 1388, 1392, 1396, 1400, 1404, 1408, 1411, 1415, 1419, 1423, 1427, 1431, 1435, 1439, 1443, 1446, 1449, 1452, 1455, 1459, 1463, 1467, 1470, 1474, 1477, 1481, 1488, 1492, 1495, 1499, 1503, 1507, 1511, 1515, 1519, 1522, 1526, 1530, 1533, 1537, 1541, 1545, 1549, 1553, 1557, 1561, 1565, 1568, 1572, 1576, 1579, 1583, 1586, 1589, 1593, 1596, 1598, 1602, 1604, 1608, 1611, 1614, 1617, 1620, 1624, 1628, 1632, 1636, 1640, 1645, 1648, 1652, 1656, 1660, 1664, 1668, 1672, 1676, 1680, 1684, 1688, 1692, 1696, 1700, 1704, 1707, 1711, 1715, 1719, 1722, 1726, 1729, 1733, 1737, 1741, 1745, 1749, 1753, 1757, 1761, 1765, 1769, 1773, 1777, 1781, 1785, 1789, 1793, 1796, 1800, 1803, 1806, 1809, 1812, 1816, 1820, 1824, 1827, 1831, 1835, 1838, 1841, 1844, 1846, 1850, 1853, 1857, 1861, 1865, 1869, 1873, 1877, 1881, 1885, 1889, 1893, 1897, 1901, 1904, 1908, 1912, 1916, 1920, 1924, 1928, 1932, 1935, 1939, 1943, 1949, 1957, 1961, 1964, 1967, 1970, 1973, 1977, 1981, 1984, 1986, 1988, 1990, 1992, 1994, 1996, 1998; and 1999-2007; (b) the improved trait is selected from the group consisting of larger size, larger seeds, greater yield, darker green color, increased rate of photosynthesis, more tolerance to osmotic stress, more drought tolerance, more heat tolerance, more salt tolerance, more cold tolerance, more tolerance to low nitrogen, early flowering, delayed flowering, more resistance to disease, more seed protein, and more seed oil relative to the control plant.
    • The transgenic plant of claim 1, wherein the conserved domain is at least 80% identical to the conserved domain of the second polypeptide.
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  • In agriculture and environment, public institutions own a disproportionate percentage of US patents 97% private 74% private All patents Ag Biotech Patents
  • Source: Graff et al., Nature Biotech , 2003 Our own anti-commons But the public IP portfolio is highly fragmented
  • PIPRA's founders wanted to created a partnership of public institutions – basically a large patent pool
  • The reality for agricultural biotechnology 2-3 traits; 3 major crops; 3 dominant companies Public sector absent from a historical role in food security and food quality
  • Germplasm Enabling Technologies Traits Vectors Promoters Selectable markers Transformation Methods Disease/Stress resistance Nutritional enhancement Stress (salt/drought) tolerance Cultivars Enabling Technologies for Plant Transformation extensively patented
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  • Research & Legal/IP Strategy Enabling Technologies for Plant Transformation
  • pPIPRA Vectors with Maximum FTO: Marker Excision Vectors For asexually propagated plants (rootstocks, grapes) For sexually propagated plants (rice, alfalfa) PIPRA’s Enabling Technologies for Plant Transformation
  • 1. Selectable markers University of Tennessee, University of Kentucky 2. Constitutive and tissue Specific Promoters Univ California, Cornell Univ., AgriFood Canada, public domain 3. Excision marker Univ California 4. Transposase Univ California pPIPRA enabling technology system comprised of multiple patented technologies – all from PIPRA members Pooled and licensed together. Free for non-commercial research or for developing country applications.
  • Licensing Model for Patent Pool Free transfers Fee based transfers Revenue flow Vector Technology Providers Pre-negotiated licensing terms research use PIPRA Design, test, and disseminate plant transformation vector materials under research or commercial MTA/Licenses humanitarian use commercial use Enabling Technologies for Plant Transformation MTA and inter-institutional agreement
  • What were the issues? Licensor of the “pool” carries the potential liability for all technology donors. Can the technology donors be indemnified and by whom? Governing law – where? The focus was on mitigating risks – not on supporting innovation. Very high transaction costs to coordinate all parties. A vehicle for partnerships Foundations Seed companies
  • Lessons we’ve learned at PIPRA
    • Don’t underestimate the transaction costs.
    • Remember the complexity – technologically, socially, economically, politically.
    • Support the interface between public and private sectors
    • Step away from ideology and look for practical solutions
    • Support partnerships – north-south, south-south, public-public, private-private, public-private, etc.
    • Many IPR ‘solutions’ presented so far are overly simplistic and unlikely to have the desired impact.
  • Developing a proactive patent pool that mines portfolios and builds translational partnerships The Global Responsibility Innovation Alliance (GRIA) provides an interface between the well-resourced engines of innovation in developed countries and the technological needs of the poor.  We can  make technologies and knowledge more accessible for pro-poor applications while still preserving commercial markets.  But we need good legal tools, and tailored practical solutions. We can  connect partners that will develop and deploy technologies that improve the lives of the poor.  But we need a broker to catalyze partnerships. We can  create practical technological solutions to the problems of poverty.  But we need better coordination and communication among technology providers, engineers, deployment partners, designers, and the people that use the technology.
  • Making Solutions Accessible The GRIA was founded on the understanding that technology providers  want   to fulfill their roles as global citizens in contributing to the reduction of poverty, but they face three major hurdles: They don’t know specifically how to help; there is a lack of good information translating the high-level needs of global poverty into specific contributions of technology and expertise. The risks are hard to manage; significant risks exist (related to markets, liability, and IP rights) that need to be mitigated with tailored legal and institutional tools. Partnerships are not easy to build; finding the right partners (often NGOs or public sector partners) and structuring deals for success can be challenging and involve high transaction costs. As members of the GRIA, companies and research organizations benefit from access to expertise in legal tools and commercialization strategies tailored to provide practical solutions to overcome all of these hurdles.
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  • Global Responsibility Licensing Our legal tools are built from a growing body of practice creating access to technologies to benefit the poor.  Global Responsibility Licensing is designed to make IP available for humanitarian uses while managing institutional risk and preserving protection for commercial uses.   These humanitarian uses are differentiated from commercial or emerging market uses.      
  • Global Responsibility Partnerships Whenever IP or knowledge is being applied to the problems of the poor, good partnerships are the key to achieving impact.  As we work to increase access to IP for development uses through  Global Responsibility Licensing , we also must provide opportunities to identify partners, build strong pro-poor partnerships, think strategically about commercialization, and enable knowledge transfer. Sharing knowledge is an integral part of technology transfer; it can be critical for the successful pro-poor application of IP, and the transfer of know-how alone can achieve high levels of impact.   But it can be challenging for companies to find the right partners, identify the needs, and navigate the partnerships necessary to implement a successful technical philanthropy program.  Through its dual focus on both  Global Responsibility Licensing  and on catalyzing partnerships, the GRIA offers the potential to support applications of technology  and  knowledge to address the needs of the poor.
  • Action Identify potential pro-poor applications of technologies. Support companies, universities, and research institutes in identifying opportunities for knowledge transfer. Facilitate due diligence and partner selection for product development and deployment partners. Support the development of partnerships among technology providers, product  development and deployment partners, and technical philanthropy partners. Develop commercialization strategies and evaluate opportunities around specific technologies. Create reporting mechanisms for monitoring success of partnerships.
  • www.pipra.org Thank you.
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  • A passive patent pool with admirable objectives and positive corporate PR • A convenient self-contained battery recycling station that will encourage consumers to exchange their used batteries for new ones or for credit