The document discusses several topics: 1. The challenges of sustainably feeding a growing global population and the role technology can play in addressing issues like increased food production and climate change adaptation. 2. The increasing privatization and patenting of agricultural and environmental research, which some argue has appropriated public science. 3. The formation of the Public Intellectual Property Resource for Agriculture (PIPRA) to create an agricultural biotechnology patent pool among public institutions, but the challenges it faced in operationalizing this goal. 4. The Global Responsibility Innovation Alliance (GRIA), which aims to make technologies and knowledge more accessible for development applications while preserving commercial markets through tailored legal and partnership solutions.

1. Collaborative IP – real world experiences Agricultural and environmental technologies

2. 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%

4. Technology can make a difference... Coastal and natural resource management Climate data & early warning systems Low carbon electrification Water management Agriculture

5. Agricultural/environmental research – increasingly a private asset… US Patents granted in agricultural biotechnology Lignocellulosic biofuels

6. US 2007/0022495 A1 patent application And the patent claims are appropriating public science and fast pace … A transgenic plant having an improved trait relative to a control plant, wherein: (a) the transgenic plant comprises a recombinant polynucleotide encoding a first polypeptide having a conserved domain at least 65% identical to the conserved domain of a second polypeptide selected from the group consisting of SEQ ID NO: 110, 112, 116, 120, 124, 128, 131, 135, 139, 143, 147, 151, 155, 159, 163, 167, 171, 175, 179, 183, 187, 191, 195, 199, 203, 207, 211, 215, 219, 223, 227, 231, 235, 239, 243, 247, 251, 255, 259, 263, 267, 271, 275, 280, 284, 288, 292, 296, 299, 303, 306, 309, 313, 317, 321, 325, 329, 333, 337, 341, 345, 349, 353, 357, 361, 365, 369, 373, 377, 381, 385, 389, 393, 397, 401, 404, 406, 409, 413, 416, 419, 422, 425, 428, 431, 435, 439, 443, 447, 451, 454, 458, 462, 465, 468, 471, 475, 478, 482, 485, 489, 493, 497, 501, 505, 509, 512, 515, 519, 522, 526, 530, 534, 538, 542, 546, 550, 553, 557, 561, 565, 568, 571, 574, 577, 581, 585, 588, 591, 594, 597, 601, 605, 609, 613, 616, 620, 624, 628, 632, 636, 640, 644, 648, 652, 656, 660, 664, 667, 671, 674, 678, 682, 686, 689, 692, 696, 700, 704, 708, 712, 715, 719, 723, 727, 731, 734, 738, 741, 745, 749, 752, 756, 760, 762, 766, 770, 774, 778, 782, 786, 789, 793, 797, 801, 805, 809, 813, 816, 819, 823, 827, 831, 835, 839, 843, 847, 851, 855, 859, 863, 867, 871, 874, 878, 882, 886, 890, 894, 898, 901, 905, 909, 913, 917, 921, 925, 929, 933, 937, 941, 945, 949, 953, 957, 960, 963, 966, 970, 973, 976, 980, 984, 988, 992, 995, 999, 1003, 1007, 1011, 1015, 1019, 1023, 1027, 1031, 1037, 1041, 1045, 1049, 1052, 1056, 1060, 1064, 1067, 1071, 1075, 1078, 1081, 1085, 1089, 1093, 1097, 1101, 1104, 1108, 1112, 1116, 1120, 1123, 1126, 1130, 1134, 1138, 1142, 1145, 1148, 1151, 1154, 1157, 1161, 1165, 1169, 1173, 1177, 1181, 1185, 1188, 1192, 1195, 1199, 1203, 1207, 1211, 1215, 1219, 1222, 1226, 1229, 1233, 1236, 1240, 1243, 1247, 1251, 1254, 1258, 1262, 1266, 1269, 1273, 1277, 1281, 1285, 1289, 1293, 1297, 1300, 1304, 1308, 1311, 1314, 1318, 1322, 1326, 1330, 1334, 1338, 1342, 1346, 1350, 1354, 1358, 1361, 1365, 1369, 1372, 1376, 1380, 1384, 1388, 1392, 1396, 1400, 1404, 1408, 1411, 1415, 1419, 1423, 1427, 1431, 1435, 1439, 1443, 1446, 1449, 1452, 1455, 1459, 1463, 1467, 1470, 1474, 1477, 1481, 1488, 1492, 1495, 1499, 1503, 1507, 1511, 1515, 1519, 1522, 1526, 1530, 1533, 1537, 1541, 1545, 1549, 1553, 1557, 1561, 1565, 1568, 1572, 1576, 1579, 1583, 1586, 1589, 1593, 1596, 1598, 1602, 1604, 1608, 1611, 1614, 1617, 1620, 1624, 1628, 1632, 1636, 1640, 1645, 1648, 1652, 1656, 1660, 1664, 1668, 1672, 1676, 1680, 1684, 1688, 1692, 1696, 1700, 1704, 1707, 1711, 1715, 1719, 1722, 1726, 1729, 1733, 1737, 1741, 1745, 1749, 1753, 1757, 1761, 1765, 1769, 1773, 1777, 1781, 1785, 1789, 1793, 1796, 1800, 1803, 1806, 1809, 1812, 1816, 1820, 1824, 1827, 1831, 1835, 1838, 1841, 1844, 1846, 1850, 1853, 1857, 1861, 1865, 1869, 1873, 1877, 1881, 1885, 1889, 1893, 1897, 1901, 1904, 1908, 1912, 1916, 1920, 1924, 1928, 1932, 1935, 1939, 1943, 1949, 1957, 1961, 1964, 1967, 1970, 1973, 1977, 1981, 1984, 1986, 1988, 1990, 1992, 1994, 1996, 1998; and 1999-2007; (b) the improved trait is selected from the group consisting of larger size, larger seeds, greater yield, darker green color, increased rate of photosynthesis, more tolerance to osmotic stress, more drought tolerance, more heat tolerance, more salt tolerance, more cold tolerance, more tolerance to low nitrogen, early flowering, delayed flowering, more resistance to disease, more seed protein, and more seed oil relative to the control plant. The transgenic plant of claim 1, wherein the conserved domain is at least 80% identical to the conserved domain of the second polypeptide.

8. In agriculture and environment, public institutions own a disproportionate percentage of US patents 97% private 74% private All patents Ag Biotech Patents

9. Source: Graff et al., Nature Biotech , 2003 Our own anti-commons But the public IP portfolio is highly fragmented

10. PIPRA's founders wanted to created a partnership of public institutions – basically a large patent pool

11. The reality for agricultural biotechnology 2-3 traits; 3 major crops; 3 dominant companies Public sector absent from a historical role in food security and food quality

12. Germplasm Enabling Technologies Traits Vectors Promoters Selectable markers Transformation Methods Disease/Stress resistance Nutritional enhancement Stress (salt/drought) tolerance Cultivars Enabling Technologies for Plant Transformation extensively patented

14. Research & Legal/IP Strategy Enabling Technologies for Plant Transformation

15. 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

16. 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.

17. 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

18. 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

19. 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.

20. 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.

21. 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.

23. 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.

24. 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.

25. 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.

26. www.pipra.org Thank you.

28. 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