Bennett open access_7-31-10Presentation 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%
Technology can make a difference...
Coastal and natural resource management
Climate data & early warning systems
Low carbon electrification
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 …
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.
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.
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