Daily Archives: April 19, 2010

Tips for Negotiating Public-Private Collaborations

My attention was drawn to this piece of news recently through the FS-Ag Biotech news portal. CIMMYT has entered into a partnership with Syngenta “to focus on the development and advancement of technology in wheat, the most internationally traded food crop and the single largest food import in developing countries. The agreement will entail joint research and development in the areas of native and GM traits, hybrid wheat and the combination of seeds and crop protection to accelerate plant yield performance.”

I sent the news to Carolina Roa, the IP manager of CIMMYT, and asked if she has tips to share with the IP community in putting together this collaboration. She had the following to say:

“To me there are a couple of key aspects…
1) having clear the centre’s expectations, needs and justifications before entering the collaboration;
2) knowing what it can contribute to the collaboration in terms of assets and looking for complementing and enhancing those assets with the ones of the collaborator;
3) having clear what it wants to deliver, to whom and how (the strategies to do it); and
4) put all these things clearly at the table when the dialogue/discussion with the possible collaborator starts.

Any potential collaborator…will appreciate that, as it facilitates, clarifies and speeds up the process. Something that we’ve found particularly helpful is to articulate these things in a key terms document that will be the basis for the discussion with the potential collaborator…Getting agreement on the key terms document takes away some of the pressure of discussing and entering into a full agreement upfront. The potential parties are more relaxed about discussing, commenting on such a document than on an already made collaboration agreement.”

I think the tips by Carolina are very useful and right on point. We speak of public-private collaborations all the time and how we need to encourage more partnerships in this direction for the benefit of small-scale developing country farmers and creating more public goods. I am sure that many out there who are reading our blog have interesting negotiation experiences to share and I encourage you to use the comment boxes below to let us know your set of tips when negotiating collaborations.

Post written by Guat Hong Teh, Legal Specialist for CAS-IP