Presentation of Rosana Ceron Di Giorgio for the "Workshop Virtual Sugarcane Biorefinery" Apresentação de Rosana Ceron Di Giorgio realizada no "Workshop Virtual Sugarcane Biorefinery " Date / Data : Aug 13 - 14th 2009/ 13 e 14 de agosto de 2009 Place / Local: ABTLus, Campinas, Brazil Event Website / Website do evento: http://www.bioetanol.org.br/workshop4

1. Intellectual property (IP) and technology
transfer
Models for interaction in the VSB network
Rosana Ceron Di Giorgio
Rosana.giorgio@bioetanol.org.br
Centro de Ciência e Tecnologia do Bioetanol (CTBE)
Workshop VSB, agosto/ 2009

2. Considerations
 The most suitable models – pros and cons
 Proposed solution
 The network operation
 Role of the Mgmt Committee
 Role of CTBE
 Workflows

3. Considerations
 ALL participants in the network will be allowed to “use”
and “commercially explore” (by providing services) the
system to be built together
 ALL groups linked to research institutions and
companies with know-how in the area may join the
network at any time. This leads to an unlimited number
of participants

4. Possible models
 Placing technology in the public domain
 Protecting the technology and licensing it in a non-
exclusive basis to all network´s participants.

5. 1. Public Domain
 Advantages:
 All will have access
 There are safe ways to ensure that the technology falls
into the public domain, such as publications
 Disadvantages:
 Those who do not participate in the network also will
have access
 Once in the public domain, you cannot go back
 Normally, at the beginning of an operation, the pros and
cons are not all clear and, therefore, it is not appropriate
to adopt a permanent solution

6. 2. IP Protection and non-
exclusive license
 Advantages:
 Better control of access  important at the beginning of a
new operation
 Greater flexibility  putting in the public domain will
remain possible further
 Greater control over the appropriate use of the system
built
 You can ensure that all participants in the network have
license to use and commercially exploit the results
obtained through the network

7. 2. IP Protection and non-
exclusive license (cont)
 Disadvantages:
 The IP must be protected to make the licensing possible
 Someone will have to be the owner and license the results
to the others
 It will depend on the owner to provide the license to the
participants of the network  this can be assured by a
previous contract

8. Proposed Solution
Composition of the two alternatives,
plus an extension for participants who
have previous IP (created outside the
network)

9. Proposed Solution (cont)
 not “protectable” creations  placed in the public
domain (publication in the CTBE journal, patent
application and abandonment, others)
 “Protectable” creations  patent application/SW
registration on behalf of CTBE (maintaining the creator´s
authorship) plus non exclusive and a free of charge
license to the members of the network

10. Proposed Solution (cont)
 The Management Committee will be in charge of
deciding about to protect or not the invention. The
participant/creator will have to express his/her opinion
 External IP may be adopted if they add value to the
network  decision by the Mgmt Committee

11. Network Management
 Management Committee
 Composition suggested by CTBE (to be approved by the
founding partners):
 4 more institutions (1 representative from each subnet)
 CTBE
 Coordinator: CTBE through the Superintendent of the
Sugar Cane Virtual Biorefinery Program

12. Management Committee -
Responsibilities
• Monitoring the R&D projects
• Determination of the network operation rules
• Formal support in the obtaining of funds to the R&D
projects
• Allocation of specific responsibilities according to the
skills of the participants
• Organization of meetings to democratize information
within the network

13. Responsibilities of CTBE
 Application/ registration/ maintenance of the IP (BR and
abroad)
 Financing the IP protection
 Preparation and execution of contracts with the
participants in the network
 Publication of the network results, aiming their
destination into public domain

14. Responsibilities of CTBE (cont)
 Organization and release of the results obtained inside
the network, after their effective protection or
destination into the public domain
 Hosting and outsourcing of the VSB
 Maintenance/upgrade of the hosted system and support
to the users
 Negotiation with third parties who have previous IP,
which interest to the network

15. Admission to the network
beginning
Institution (by wish or by invitation)
submits an application
Submission criteria defined by the Management
Management Committee analyses Committee.
the application Important: aplicant MUST contribute with projects
of interest to the network.
n
end Accepted?
s
New participant signs an agreement
agreeding with the network terms
and conditions
Submission concluded
end

16. Network Operation –
1. Project developed inside the network
beginning
The project must be in the
areas covered by the VSB
Participant submits the proposed project to the
Management Committee for approval
n
approved? end
s
The project returns to the
Participant executes the project
applicant for review
Participant forwards the results to the Management Committee,
which records entry and forwards the results to CTBE
CTBE provides validation 1
n n
ok? Project refused end
s
*

17. Network Operation –
1. Project developed inside the network
*
s
CTBE provides IP protection analysis
Prior art search IP n
protection
possible?
s
CTBE provides and e finances IP protection in BR and abroad
on behalf of CTBE
Publications are made on behalf of creators Publications authorized
with acknowledgement to CTBE
CTBE includes the new creation in the “network
2 creations data base”
CTBE will provide maintenance CTBE releases the new creation in the
CTBE inserts the creation in
to the hosted system and network, for use by the participants
the system hosted at CTBE
support to the users which host the system in house
end

18. Network Operation –
2. The applicant owns an external IP
beginning
Applicant forwards the IP to the Management Committee , for
evaluation of the interest in the presented IP
Project review,
improvement or additional Does it n
development can be done interest? end
inside the network.
If needed, a member s
institution will be CTBE negociates the conditions with the applicant,
designated to take the taking into account the requirement of
project further dissemination inside the network
Open opening
1 degree
Closed
CTBE provides validation in a closed
environment
Project review, improvement n n
Accepted
or additional development in a ?
closed environment Project refused
s
IP protection and publication
according to the conditions agreed
2

19. Obrigada!
Rosana C. Di Giorgio
rosana.giorgio@bioetanol.org.br
Centro de Ciência e Tecnologia do Bioetanol (CTBE)
+55 19 3518 3117
www.bioetanol.org.br