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IP Handbook Blog
Your source for expert commentary on IP management issues.

If you would like to write for the IP Handbook Blog as a guest contributor, please write to mihr@biodevelopments.org.

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January 4, 2008

PIPRA’s IP workshop in Vietnam

Posted by Kyle Jensen on January 4, 2008 at 9:56 pm 

As many PIPRA members know, we have a grant from the Sasakawa Peace Foundation (SPF) to teach about IP management in Vietnam. We’re helping public research institutions there learn about patenting, in-licensing, out-licensing, commercialization, and, in general, how to maximize the return on their public research dollars. (Of course, these topics are described in detail in the IP Handbook.)

On November 27th and 28th, PIPRA hosted the first of three annual workshops in Hanoi, Vietnam entitled “Intellectual Property Rights and Commercialization of Research Results of Institutions in the Field of Agriculture and Biotechnology” (a long title, which, we are told sounds better in Vietnamese!). The workshop was co-organized with the National Office of Intellectual Property (NOIP) and the Ministry of Agriculture and Rural Development (MARD).

We happy to say that the workshop was an unqualified success. We had over 80 attendees from more than 21 different institutions and some excellent speakers including Ramon Oliveros, from IRRI; Atty. Antonio Beronio, from PhilRice; Dr. Shashank Mauria, from ICAR; and Dr. Saowaluck Pornkulwat from Monsanto Thailand. In addition, we gave away over 60 electronic copies of the IP Handbook.

Categories: Asia, Events  |  Comments (3211)

November 9, 2007

The Game of Global Innovation: What are the Rules?

Posted by Stanley P. Kowalski on November 9, 2007 at 1:37 pm 

Imagine, if you will, two baseball games. In the first game, there are ostensibly rules of play, however in reality the umpires decide plays based on what they think the outcome should be, whom they favor or simply what their mood is. In the second game, there are established rules of play. The umpires decide plays based on these rules, regardless of whom they favor, what they think the best outcome would be or what their mood might be. Now, which game would attract the best players, the largest attendance, and foster the establishment of a greater baseball league?

The game of global innovation is completely analogous to these baseball games. The players are the inventors and innovators. The umpires are governments. The rules are intellectual property. As detailed in a recent issue of the Economist (October 11, 2007), innovation is a rising tide, indeed a virtual tsunami, around the globe. Those who “learn the tools of innovation [will] forge entirely new, knowledge based industries in energy technology, biotechnology and other science-based sectors.” According to Curtis Carlson, “India and China are [the] tsunami that is about to overwhelm us” in this global game of innovation. However, as compelling as this might sound, it chokes on its own logic. As pointed out by Vijay Vaitheeswaran, authoritarian governments, may, for a time, succeed in top-down, governmental-directed innovation systems, but ultimately these stagnate, and are not sustainable. Why is this the case? Because “technology and the pursuit of improvement are ultimate expressions of freedom.” Because “creative people like to challenge constraints and authority.” Because when people are scared they are not innovative. Because genius resides with the people, not the government. Because, according to Peter Diamandis, “Real breakthroughs require risk and the ability to absorb failure, and large organizations are incapable of such risk taking.” Because a bottom-up system is the route to sustained success in innovation. Amen!The global innovation revolution will be led by the genius and resourcefulness of individual players. And, just as the rules of baseball permit every player to excel at the game, hone skills and break records, intellectual property provides a framework for all innovators to protect, develop and market their products, in a level competitive playing field where all know the rules, the rules are fairly administered, and governments allow the game to proceed according to these rules, without interfering via well-meaning, clumsy or outright corrupt policies and practices. The wise government provides the rules and the playing field, and then permits the game to proceed. So, getting back to the statement above: “India and China are [the] tsunami that is about to overwhelm us” in this global game of innovation … why does it choke on its own logic? It comes down to the “tools of innovation”, of which intellectual property (the rules) is a critical central piece, interwoven into the entire fabric of innovation. Whether or not these two great nations, or the many other developing nations across the globe, will adjust and adapt to this new global game of innovation, permitting individuals to freely play, setting up fair, predictable, consistent intellectual property and legal systems (the rules), and permitting the game to proceed according to these rules … all of this remains to be seen. To assume that a tsunami is upon us might be premature. Unless serious investments and commitments are made, all that we might see in the long term will be a ripple. Innovation is for all to participate in, and for all to reap the benefits of. The future of many hangs in the balance.

http://www.economist.com/specialreports/displaystory.cfm?story_id=9928154

http://commentisfree.guardian.co.uk/vijay_vaitheeswaran/2007/10/the_innovation_game.html

Categories: Policy  |  Comments (508)

November 1, 2007

Developing Pandemic Influenza Vaccines: Why Didn’t Indonesia Share Virus Samples with a Functioning Material Transfer Agreement?

Posted by Anatole Krattiger on November 1, 2007 at 2:13 am 

A recent opinion paper in RealHealthNews (1) recounts the story of Indonesia’s decision early this year in withholding valuable H5N1 virus samples that could be the basis for future vaccines. With it’s actions, Indonesia questioned a system of sharing biological samples that has been in effect for nearly 50 years. In essence, Indonesia felt the system allowed companies to make large profits while its own people won’t get access to the potentially new vaccines developed from its own samples that were provided free-of-charge. As The Lancet correctly pointed out (2), the system is unfair and needs urgent repair.

But Indonesia also delayed many valuable months of research that could have taken place during the deadlock between Indonesia and WHO. Indonesia could have shared the samples under a simple material transfer agreement (MTA; (3)) that would have allowed it to retain full control over the sample’s use while allowing others to proceed with the urgent analysis and research. This approach would have given the international community time to work out a new system, and ensured that Indonesia keeps the moral high ground. After all, MTAs are now ubiquitous in many areas and used precisely for the purpose of allowing research to continue while matters of value and use are established and negotiated.

On the other hand, I very much doubt that a political process is able to develop an MTA that is conducive to the sharing of materials without undue administrative burdens. In agriculture, for example, progress in international plant breeding was much faster during most of the 20th century when breeding materials were freely shared between countries, institutions and public and private sectors. It remains to be seen how the Standard Material Transfer Agreement of the Treaty on Plant Genetic Resources for Food and Agriculture (4) will work in practice. I welcome any information from those who use that Standard MTA.

(1) CHAN Chee-Koon. 2007. Donor Leverage and Access to Bird Flu Vaccines. RealHealthNews 8:42-44. http://www.realhealthnews.net/files/RHN8%20web.pdf

(2) The Lancet. 2007. Editorial. Global solidarity needed in preparing for pandemic influenza. The Lancet 2007; 369:532. DOI:10.1016/S0140-6736(07)60245-1

(3) www.iphandbook.org/handbook/ch07/p03/eo/index.html

(4) ftp://ftp.fao.org/ag/cgrfa/gb1/SMTAe.pdf

Categories: Health  |  Comments (8)