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Ensuring freedom to operate: IP inventory and FTO analysis

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Presented by Linda Opati at the First Bio-Innovate Regional Scientific Conference, Addis Ababa, Ethiopia, 25-27 February 2013

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Ensuring freedom to operate: IP inventory and FTO analysis

  1. 1. Ensuring freedom to operate: Production systems for the future: IP inventory and FTO analysisbalancing trade-offs between food production, efficiency, livelihoods and the environment Linda Opati ILRI IP &LEGAL COUNSEL l.opati@cgiar.org BIPCEA PROJECT M. Herrero and P.K. Thornton First Bio-Innovate Regional Scientific Conference WCCA/Nairobi Forum Presentation United Nations Conference Centre (UNCC-ECA) 2010 | ILRI, Nairobi 21st September 1 Addis Ababa, Ethiopia, 25-27 February 2013
  2. 2. Overview PLANNING PHASE - Access to Technology for R&D • Innovation relies on access to advanced technologies to create the desired products. RESEARCH PHASE - Research Exemption • A search of patent documentation might disclose a research tool, or a process, that might be the only way, or the most efficient way, for the research. • The technology may be described in a patent that is not in force in your country/may well be. COMMERCIALISATION PHASE: Freedom to Operate • FTO means that you are able to proceed with the R&D, commercialization and production of your innovation with minimal risk of infringing the unlicensed IP rights of third parties in the countries/territory where the innovation will be disseminated. 2
  3. 3. Why IP Strategy is criticalIgnorance about IPRs may result in financial liabilityor damage to reputation.IPRs can be used to promote the development,dissemination and uptake of research by potentialbusiness partners.It’s a practical necessity as research tools may be IPRprotected.Use of genetic materials and TK - Attribution ofsource and evidence of PIC and benefit-sharingarrangements is required.IP strategy must be integrated with your R&DStrategy – planning, research outcomes, marketing. 3
  4. 4. 1. TANGIBLE PROPERTY 2. METHODS OF DOING SOMETHING3. PUBLICATIONS (text, data) & COMPUTER CODE4. TRADITIONAL KNOWLEDGE (genetic resources)5. DOES YOUR INSTITUTION HAVE AN IP POLICY/OFFICE 4
  5. 5. Do you have Freedom to Operate??IP has to be managed actively to deliver the benefitsexpected of it. Well managed, it should support thegoals of your research program; poorly managed itcan be costly without providing any substantialbenefits. ILRI Spearheading a New Way Forward 5
  6. 6. Do you have Freedom to Operate??IP has to be managed actively to deliver the benefitsexpected of it. Well managed, it should support thegoals of your research program; poorly managed itcan be costly without providing any substantialbenefits. ILRI Spearheading a New Way Forward 5

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