Managing Intellectual Property

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Presentation by Francesca Re Manning for the CIAT KSW 2009

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  • Managing Intellectual Property

    1. 1. Managing Intellectual Property Francesca Re Manning, CAS-IP Knowledge Sharing Week, CIAT, 22 May 2009
    2. 2. Challenges Public good investments in agriculture face challenges • 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
    3. 3. Changing Context for Intellectual Property • Globalization –International treaties and conventions –Integration of markets (both commodity and specialized) –Consolidation in the Private sector leading to increased leverage of Multinational corporations
    4. 4. Changes Changes in research management and management of intellectual property • Complexity of research interactions and partnerships • Complexity of issues –regulatory, intellectual property, contract law
    5. 5. Managing IP CIAT must manage its IP and contractual arrangement to ensure • Delivery on its mission • Public access to its work (public domain) • Freedom to share research results
    6. 6. 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).
    7. 7. Who is Francesca Re Manning? English qualified solicitor First Degree in International Law & Human Rights CIFOR Internship (2005) CAS-IP full-time lawyer since July 2008 • CIAT • CIP • CIMMYT • IFPRI
    8. 8. IP Management CAS-IP assists CIAT in IP management HOW?
    9. 9. CAS-IP support to CIAT Support to Public-Public/Private Partnerships Strategy Access to Knowledge and Products Germplasm & SMTA Capacity Building Policy implementation
    10. 10. Food crisis distribution PPP Urgent Need forscarcity food Nutritious Food – “Food - Hunger Crisis” availibility develop new B products + Need for food While maintaining the focus on -- input PPP + commercialization Reduction/Increased Livelihoods Poverty research research Partnerships protect your research for further use in the public domain
    11. 11. R1 - research improves food security through R1 availability IP laws, total + commercialization population total food + production affordability of productivity of + + agricultural inputs for agricultural inputs + + private small scale farmers total food sector demand + research + - B + + farmers' desire to food supply produce food need for more demand gap public sector + + research productive agricultural inputs - + food price per capita adequacy of food agricultural inputs for adequacy + small scale farmers ability to - + buy food R2 - research improves R2 food security through access diversity of more + productive agricultural inputs public private partnerships
    12. 12. Public/Private Partnerships Contract drafting, review and negotiations • Brachiaria • Exclusivity • Termination • Milestones • Payment
    13. 13. Public/Private Partnerships • Waxy Cassava • Ownership of resulting Intellectual Property o CIAT, the Company or jointly owned? • Publication o The Company requires that the results of the Study shall not be made publicly available for a term of 5 years. = preventing CIAT from creating public goods • Scope
    14. 14. Strategy Transparency in publishing PPP contracts Criteria for selecting contracts • Money? • Strategic fit? • Exceptions allowing exclusivity under GRPC IP Policy – Exclusivity – Restriction of goods
    15. 15. Strategy – 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
    16. 16. Germplasm Proprietary questions • 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?
    17. 17. International Obligations International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRA) • Germplasm in public domain, governed by Multilateral System (ML) • under the management of ITPGRA (Annex 1) • food and feed uses Convention on Biological Diversity (CBD) • All other uses
    18. 18. Greys Areas Public-private contracts and SMTA • Commercialization when material can no longer be used for breeding, a mandatory payment to the ITPGRFA fund Additional terms and conditions over material under development? If want to give some material to a small farmer? Payment and benefit- sharing regime  CAS-IP assists CIAT with these questions
    19. 19. Increase Access to Knowledge and Products Defensive Publications 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
    20. 20. CIAT has signed an agreement with the EPO to put publication in the NPL
    21. 21. 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
    22. 22. 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
    23. 23. What are the Options for Sharing? Negotiate “Open Licenses” with publishers “Fair Use” or “Fair Dealing” Sharing options (exceptions) incorporated into Copyright Laws • Cover exceptions for: – Personal use – Educational Use
    24. 24. Creative Commons Creative Commons (CC) – skipping the intermediaries but have upfront uses From All Rights Reserved to Some Rights Reserved The owner chooses a combination of conditions to licence his/her work from 6 CC types
    25. 25. Creative Commons
    26. 26. Creative Commons 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.
    27. 27. Open Source Licensing for Software Code 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 improvement Open Source Initiative certifies Software Licenses as “Open Source” when the licence meets its standards.
    28. 28. CC and OS Licensing Problems Compatibility Applicability in specific jurisdictions Interpretation of License in view of the Law Enforcement • (Also applies to IPRs, generally) Separation of economic rights and moral rights
    29. 29. Moral Rights • In every Open Access tool Recognition is key Why? • Moral incentive • Responsibility Right to claim authorship – discernable? FAO copyrights ownership • Moral rights of authors
    30. 30. Capacity Building National Partners Initiative (NPI): an International Society of IP Practitioners
    31. 31. Participating Centres IRRI ICRISAT CIP CIMMYT IFPRI WARDA Bioversity CIFOR ILRI ICRAF AVRDC CIAT
    32. 32. In Conclusion 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 expected end-users • Instruct researchers as “expert witnesses” in cases of infringement or other inquiries.
    33. 33. Thank you! f.remanning@cgiar.org

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