Managing Intellectual Property
Francesca Re Manning, CAS-IP
Knowledge Sharing Week, CIAT, 22 May 2009
Public good investments in agriculture
• Increased emphasis on market mechanisms
forcing publicly funded organizations to
respond to broader economic opportunities
• Heightened awareness of agricultural
innovations as intellectual property, thus
economic potential of inputs
Changing Context for Intellectual
–International treaties and conventions
–Integration of markets (both commodity and
–Consolidation in the Private sector leading
to increased leverage of Multinational
Changes in research management
and management of intellectual
• Complexity of research interactions and
• Complexity of issues –regulatory,
intellectual property, contract law
CIAT must manage its IP and
contractual arrangement to ensure
• Delivery on its mission
• Public access to its work (public
• Freedom to share research results
What is CAS-IP?
Member of CG System Office; set up by
the Centers in 2000
Mission of CAS-IP: enable access and
use of CGIAR products for the benefit of
the poor through effective management of
Intellectual Assets (IP) and information
transfer /sharing (Technology Transfer).
Who is Francesca Re Manning?
English qualified solicitor
First Degree in International Law & Human
CIFOR Internship (2005)
CAS-IP full-time lawyer since July 2008
CAS-IP assists CIAT in IP management
CAS-IP support to CIAT
Support to Public-Public/Private
Access to Knowledge and Products
Germplasm & SMTA
Urgent Need forscarcity
Nutritious Food – “Food
Need for food
While maintaining the focus on --
commercialization Reduction/Increased Livelihoods
Poverty research research
protect your research for
further use in the public
R1 - research improves
food security through
population total food +
production affordability of
productivity of + + agricultural inputs for
agricultural inputs + +
private small scale farmers
+ + farmers' desire to
food supply produce food
need for more demand gap
public sector + +
research productive agricultural
per capita adequacy of
food agricultural inputs for
adequacy + small scale farmers
ability to -
R2 - research improves
R2 food security through
diversity of more
+ productive agricultural
• Waxy Cassava
• Ownership of resulting Intellectual Property
o CIAT, the Company or jointly owned?
o The Company requires that the results of the Study
shall not be made publicly available for a term of 5
= preventing CIAT from creating public goods
Transparency in publishing PPP contracts
Criteria for selecting contracts
• Strategic fit?
• Exceptions allowing exclusivity under GRPC IP
– Restriction of goods
– When it is indispensable for the effective utilization or further improvement
of Centres’ intellectual assets, the Centres may grant limited exclusivity for
commercialization in a defined market segment, for a limited period of time,
provided that the intellectual asset remains available without restriction, at
no cost or minimum administrative costs, for research and development in
developing countries and ARIs in support of the CGIAR mission.
Centres will only enter into agreements concerning contractual rights that
restrict the use of the resulting products in ways that are inconsistent with
the policy, when the intellectual asset the Centre is producing will result in
significant improvements to food security and or poverty alleviation in the
countries where it can be used
• How do we determine whether we have FTO?
• Who owns the germplasm?
• What are the rights of the owner?
• How do we respect those right
• Can we use it for breeding and research?
• Can we sell it to others? Can we claim it as ours?
International Treaty on Plant Genetic Resources
for Food and Agriculture (ITPGRA)
• Germplasm in public domain, governed by Multilateral
• under the management of ITPGRA (Annex 1)
• food and feed uses
Convention on Biological Diversity (CBD)
• All other uses
Public-private contracts and SMTA
• Commercialization when material can no longer be
used for breeding, a mandatory payment to the
Additional terms and conditions over material under
If want to give some material to a small farmer?
Payment and benefit- sharing regime
CAS-IP assists CIAT with these questions
Increase Access to Knowledge and
The “Enola” Patent
• CIAT filed for a re-examination in 2001
• We are awaiting a decision by the U.S.
Circuit Court for Federal Appeals
• Expensive and time consuming
CIAT has signed an agreement with the
EPO to put publication in the NPL
Increase Access to Knowledge
Who is the owner?
Is the work protected by copyright?
• Gives the owner of the right to control how a creative
work is used
– In most countries rights last for life of author + 70 years
Who owns copyright at CIAT?
Does CIAT seek and obtain authorisation to use others’
copyright, eg photos, flowcharts?
How does CIAT deal with “adaptation” of its works, ie
translations? keeping the quality
What are the Options for Sharing?
Disclaim copyrights –e.g. U.S. Federal
copyright Law has a provisional that exempts all
publications by Government employees and
agencies from copyright
License openly with standardized licenses–
e.g. “Creative Commons” licenses, “Open
Access” arrangements with publishers, and
Open Source licenses
What are the Options for Sharing?
Negotiate “Open Licenses” with
“Fair Use” or “Fair Dealing” Sharing
options (exceptions) incorporated into
• Cover exceptions for:
– Personal use
– Educational Use
Creative Commons (CC) – skipping the
intermediaries but have upfront uses
From All Rights Reserved to Some Rights
The owner chooses a combination of
conditions to licence his/her work from 6 CC
Attribution Non-Commercial No Derivatives
• This license is the most restrictive of the six main licenses,
allowing redistribution. This license is often called the “free
advertising” license because it allows others to download your
works and share them with others as long as they mention you
and link back to you, but they can’t change them in any way or
use them commercially.
Open Source Licensing for
Different sharing philosophy from CC License
Tend to have “reach through”/”viral” aspects
that mandate successive developments of
source code to be available for additional
Open Source Initiative certifies Software
Licenses as “Open Source” when the licence
meets its standards.
CC and OS Licensing Problems
Applicability in specific jurisdictions
Interpretation of License in view of the
• (Also applies to IPRs, generally)
Separation of economic rights and moral
• In every Open Access tool Recognition is
• Moral incentive
Right to claim authorship – discernable?
FAO copyrights ownership
• Moral rights of authors
National Partners Initiative (NPI): an
International Society of IP Practitioners
Manage your IP
• Know what you sign and commit to
• Read the agreements and understand them so that you
can negotiate and review the clauses
• Ensure material under ITPGRFA transferred via SMTA
• Know what knowledge right to keep and control, or right
to “give away” and share
• Police any licensed IPRs
• Integrate IP policy with CIAT’s mission to benefit
• Instruct researchers as “expert witnesses” in cases of
infringement or other inquiries.