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Bringing Essential Innovations to the People of Colombia - The Role of Intellectual Property and Technology Transfer

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by Stanley P. Kowalski, J.D., Ph.D., Director, International Technology Transfer Institute (ITTI), Franklin Pierce Law Center, Concord, New Hampshire, U.S.A.

by Stanley P. Kowalski, J.D., Ph.D., Director, International Technology Transfer Institute (ITTI), Franklin Pierce Law Center, Concord, New Hampshire, U.S.A.

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    Bringing Essential Innovations to the People of Colombia -  The Role of Intellectual Property and Technology Transfer Bringing Essential Innovations to the People of Colombia - The Role of Intellectual Property and Technology Transfer Presentation Transcript

    • Bringing Essential Innovations to the People of Colombia
      The Role of Intellectual Property and Technology Transfer
    • Malaria in ColombiaWHO Statistics (Reported Cases)
      • 2000 107,616
      • 2001 206,195
      • 2002 195,719
      • 2003 164,722
    • Vaccine in Development:
      Human Trials Projected for 2009
    • Coffee Berry Borer
      • Major pest of coffee in Colombia
      • Significant impact on infested plantations
      • Current control measures inadequate
      • The main obstacle to developing cultivars resistant to coffee berry borer is the lack of resistant plants
    • Coffee Berry Borer in Action
    • Genetic Engineered Resistance?“With the development of an efficient transformation system, new genes could be introduced into coffee, without altering other significant traits of the plants.” (Citation to follow!)
    • In technology research, development, transfer and commercialization, numerous factors need to be considered.
      But perhaps first and foremost amongst these is Intellectual Property.
      Intellectual Property issues can complicate, delay or even block access to advanced technologies.
      What to do?
      Capacity is KEY!
    • Overview: Intellectual Property Fundamentals
      • Intellectual Property in context and defined
      • Intellectual Property and innovation
      • Intellectual Property and development
      • Intellectual Property and the role of technology transfer offices
    • Intellectual Property in context and defined
    • Intellectual Property is ….. PROPERTY!
      Three Categories of Property:
      Real Property
      Tangible Property (Chattel)
      Intellectual Property
    • Real Property: Land and anything growing on, attached to, or erected on it, e.g., houses, trees.
    • Personal Property: Any movable or intangible thing that is subject to ownership.
      Chattel:Movableor transferable property… personal property,e.g, things such as goods.
    • Intellectual Property: intangible rights protecting commercially valuable products of the human intellect,
      The following fields of law: patent, trademark, unfair competition, copyright, trade secret, moral rights and the right of publicity.
    • Public Domain: an invention, creative work, and commercial symbol that is not protected by any form of intellectual property law. Items in the public domain are available for free copying and use by anyone.
    • Intellectual Property (IP) & Intellectual Property Right (IPR)
      IPIPR
      Invention Patent
      Know-how Trade Secret
      Brand-name Trademark
      Work of Authorship Copyright
    • TRIPS: Trade Related Aspects of Intellectual Property, made under the authority of the General Agreement on Tariffs and Trade (GATT), which provides for the establishment of minimum international standards of intellectual property rights protection, the enforcement of those standards. All WTO member countries have sub­stantive TRIPS obligations.
    • Patent: A grant by the federal government to an inventor of the right to exclude others from making, using, or selling the invention.
      Patent as Contract: A patent may be analogized to a bargain between the inventor and the government. In return for a limited-term exclusive right over the technology defined in the patent claims, the inventor discloses in the patent information about the new technology of the invention.
    • Paris Convention: The principle international treaty (administered by the World Intellectual Property Organization (WIPO)), governing patents trademarks and unfair competition:
      • National treatment
      • Minimum level of protection
      • Convention Priority
      • Administrative Framework
    • Patent Cooperation Treaty(PCT)
      An international treaty that provides a mechanism through which an applicant can file a single application that, when certain requirements have been fulfilled, may then be pursued as a regular national filing in any of the PCT member nations.
    • Copyright: An exclusive right granted or conferred by the government on the creator of a work to exclude others from reproducing it, adapting it, distributing it to the public, performing it in public, or displaying it in public.
      Copyrightprotects only the concrete expression of an idea. In order to obtain copyright protection, a work must have originality and some modicum of creativity.
    • Berne Convention: The major multilateral copyright treaty is adhered to by nearly 150 nations. The World Intellectual Property Association (WIPO) serves as the administering agency for the activities of the Berne Union.
    • Trademark: word, slogan, design, picture, or any other symbol used to identify and distinguish goods, including a word, design, or shape of a product or container.
    • Madrid Protocol: An independent international trademark registration agreement reached in 1989 which provides trademark owners with a streamlined system of registering marks in several nations
    • Graphical Mark: A mark that consists of terms which are descriptive of the geographical origin of goods or services, identifies an area in which one or several enterprises are located which produce the kind of product for which the geographical indication is used:
      • Champagne
      • Cognac
      • Roquefort
      • Chianti
      • Pilsen
      • Porto
      • Tequila
      • Darjeeling
    • Tequila
    • Trade Secret: Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.
    • Plant Variety Protection(PVP)
      A form of patent-like protection for sexually propagated plants, as well as hybrids, tubers, and harvested plant parts.
    • UPOV (the Convention of the International Union for the Protection of New Varieties of Plants)
      An international treaty that guarantees to plant breeders in member nations national treatment and a right of priority.
    • BiologicalDiversity(Biodiversity)
      Variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems. (Article 2 of the 1992 Convention on Biological Diversity)
    • Convention on Biological Diversity: Established three main goals: the conservation of bio­logical diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits from the use of genetic resources (this is where intellectual property is involved).
    • Antioxidant activity of twenty five plants from Colombian biodiversity
      Oscar M Mosquera/+, Yaned M Correa, Diana C Buitrago, Jaime Niño
      Grupo de Biotecnología-ProductosNaturales, Escuela de TecnologíaQuímica, Universidad Tecnológica de Pereira, Pereira, A.A. 97, Colombia
    • Traditional Knowledge: Tradition-based creations, innovations, literary, artistic or scientific works, performances and designs originating from or associated with a particular people or territory, not limited to any specific technical field, and may include agricultural, environmental and medicinal knowledge, and knowledge associated with genetic resources.
    • There is a continuing drive to obtain maximum economic benefits for developing countries from their enormous resources in indigenous creation, arising from traditional knowledge and indigenous arts, creative crafts and folklore.
    • Intellectual Property and innovation
    • Intellectual Property Management
      The means by which an institutionally owned IP port­folio is managed with regard to marketing, patenting, licensing, and administration.
      Three Stages of IP Management
      Harvesting Inventions
      Solicitation of Intellectual Property Rights
      Exploitation of Intellectual Property Rights
    • Innovation: the successful introduction of something new and useful, for example introducing new methods, techniques, or practices or new or altered products and services.
    • Invention and Innovation Distinguished
      Invention is the first occurrence of an idea for a new product or process and its reduction to practice, while innovation is when it is put to use and causes has social or commercial impact … the successful implementation of creative ideas (i.e., inventions).
    • In a globalizing economy, competitiveness can only be maintained by CONTINUOUS INNOVATION.
    • The patent system contributes to the stimulation of innovation in three main ways:
      constitutes an important incentive to inventive and innovative activity.
      creates an environment which facilitates the efficient development and utilization of patented inventions.
      provides the framework for the collection, classification and dissemination of the richest store of technological information existing in the world today.
    • Innovation Truisms
      Specific factors that influence innovation are the relationships between universities, financial institutions, governmental offices and industry networks among others.
      National innovation support structures and programs for services should be seen as a unified whole, with the main objective of increasing the capacity of society to generate inventions and innovations, including the transfer of technology, both nationally and internationally.
    • Intellectual Property and development
    • There are three main, interrelated economic effects of Intellectual property protection:
      Fosters an incentive for creating new knowledge and information,
      Diffusion of knowledge and information within and across economies,
      Effect on market structure and prices and its distributive consequences.
    • The intellectual property system plays a role in the creation of markets forinformation and knowledge by providing buyers and sellers of technology with information.Similar to rights on tangible property, Intellectual property can make markets for intangible property moreefficient and reduce transaction costs.
    • Intellectual property influences the diffusion of knowledge between economies by influencing international transactions
    • Intellectual Property and the role of technology transfer offices
    • Four key reasons for public research organizations to advance technology transfer:
      Facilitate the commercialization of research results for the public good.
      Reward, retain, and recruit high-quality researchers.
      Build close ties to industry.
      Generate income for further research and education, and thus promote economic growth.
    • Technology Transfer Offices can play multiple roles in research and development (R&D) institutes:
      • Protection of intellectual property
      • Revenues through licensing of intellectual property
      • Education and awareness
      • Networking
      • Creation of new start-up companies
      • Institutional policies related to technology transfer
      • Service to society
    • IP management and technology transfer and how to set up, resource and run a TTO:
      • Basics of intellectual property
      • Basics of technology transfer and potential commercialization routes
      • Licensing overview
      • Identification and evaluation of IP
      • Commercialization planning
      • Negotiation of a license agreement
      • IP policy development
      • Interaction with scientists and institutionalstaff
    • In the United States, seven characteristics that are common to most exemplary offices (e.g., Stanford, MIT, NIH):
      A clearly stated TTO mission
      Transparent TTO policies and procedures
      Entrepreneurial staffing and an entrepreneurial environment
      Customer-friendly relations with both internal and external constituents by TTO staff
      A highly supportive university administration and community(local, regional, and national)
      Strong TTO links to potential industry partners
      TTO access to risk, or venture, capital
    • Intellectual property offices are not only transaction intermediaries, but have the potential as a major influence in the global economic context, in which they can promote a national strategy to protect and valorize knowledge, inventions and innovation.
    • Vaccine in Development:
      Human Trials Projected for 2009
    • Coffee Berry Borer in Action
    • Capacity in Intellectual Property Management and Technology Transfer
      WILL ACCELERATE ACCESS