Data and case studies on IP around the world

Some new offerings from WIPO were recently announced: WIPO Lex and IP Advantage (we saw it reported on the news area of the IPR helpdesk site)

WIPO Lex which slots into the WIPO gold portal is described as:

“…an on-line global IP reference resource that provides up-to-date information on national IP laws and treaties.”

 IP Kat rightly said:

“A dip into WIPO Lex will be sure to fulfil the IP desires of even the most fact obsessed.” 

 The second resource is IP Advantage which:

“…profiles the IP experiences of inventors, creators, entrepreneurs, and researchers. The case studies featured in the database demonstrate how IP works in the real world and how IP rights can be used to promote innovation.”

 So, if you believe that the devil is in the detail then this 2^nd tool is particularly interesting!  A couple of examples of the case studies included are: Branding of Egyptian Cotton and Linking Collective Marks with Growth and Development (Milk products in Peru).

Well done and thank you to WIPO for making these new resources available to all!

Let’s not forget the minds of the NPI and the information they have produced that can complement this collection.   The “IP Compendium” is an insider’s view to the IP systems in some developing countries of Africa, Asia and Latin America.  And ongoing case studies produced by the group provide more of the practical detail of what that means. See the list of NPI publications HERE.

Intellectual Asset Management to make available virus resistant papaya to small-scale farmers in Peru

Intellectual Property (IP) Management is essential for agricultural R&D processes and activities. In fact, most of the technologies and materials used in them are protected by Intellectual Property Rights (IPRs).  However, most national research centers are not aware of the legal restrictions that some technologies and materials they use are subject to (under IPRs).  Consequently, they are not conscious of the potential conflicts that may arise in their daily activities, thus placing their own research, projects and institutions at risk.

The National Partners Initiative (NPI) of CAS-IP is publishing the last of five working papers from five Agricultural Research Institutions in developing countries. These case studies aim to share experiences from developing countries in the areas surrounding IP policy-making, policy implementation and use of IPRs by researchers for leveraging more benefits to the stakeholders, people, institutions and countries.

This case examines the Peruvian National Agricultural Innovation Institute (INIA).  The authors took one example of a project being executed by INIA, analyzed the IP issues and identified how these issues impact researchers’ daily activities.  This will help them to realize that IP needs to be constantly taken into consideration. An additional purpose of this case study is to trigger, in the near future, a complete understanding of the importance of IP and a sequence of actions leading to the development of an internal and appropriate IP Policy for INIA.  Finally, the authors’ assessment allowed identification of issues that may affect the development of the technology initiated by the project and its commercialization in Peru and, potentially, in other countries.

The full text can be viewed by clicking HERE.

Post written by Karine Malgrand, Facilitator of the National Partners Initiative for CAS-IP

Defining an Intellectual Property Policy at INERA, Burkina Faso

We have the great pleasure in presenting to you the fourth in a series of five case studies from five Agricultural Research Institutions in developing countries. These case studies aim to share experiences from developing countries in the areas surrounding IP management, to encourage continuous development and application of scientific discoveries and technological improvements, as well as to serve as a means to recognise the respective contribution and rights of lead scientists, partners and institutions through the grant of intellectual property rights.

Supported by the National Partners Initiative (NPI) of the Central Advisory Services on Intellectual Property (CAS-IP) of the Consultative Group on International Agriculture Research (CGIAR), the Institute of Environment and Agricultural Research (INERA) in Burkina Faso has completed its project on defining the INERA’s intellectual property policy.

In this case study, the author describes her methodology for creating awareness in IP management and implementing the IP policy for INERA, a national research institute in Burkina Faso. As a public entity, INERA has the mandate to ensure the formulation, implementation and coordination of environmental and agricultural research in Burkina Faso. INERA has produced many scientific results and innovations that are placed in the public domain which are promoted essentially through direct exploitation by producers and scientists, and the publication of scientific papers. The present paper emphasizes the need to sensitise and increase the awareness of scientists in IP issues to encourage their participation in IP policy implementation and assets evaluation. Difficulties encountered during the study include lack of awareness of IP issues and low understanding of IP-related legislations. The paper further recommends an implementation of a general IP policy in research at national and regional level in the framework of CORAF/WECARD. Sensitisation through workshops and meetings is essential to increase awareness of scientists and the various actors involved in the promotion of research results.

The full text can be viewed by clicking HERE.

Post written by Karine Malgrand    , Facilitator of the National Partners Initiative for CAS-IP

Improving services on intellectual property rights and developing a forum for research innovations on forestry in Indonesia

We have the great pleasure in presenting to you the third in a series of five working papers from five Agricultural Research Institutions in developing countries. Supported by the National Partners Initiative (NPI) of the Central Advisory Services on Intellectual Property (CAS-IP) of the Consultative Group on International Agriculture Research (CGIAR), the Centre for Plantation Forest Research and Development in Indonesia (CPFRD) completed a case study on improving services on intellectual property rights at the center level and on setting up a Forestry IP Forum.

IPRs had never been an important issue within CPFRD, due to the general belief among its staff that all research findings and innovation generated in the centre ought to remain in the public domain. Through intensive discussions among the research managers, scientists and supporting staff within the CPFRD, a clearer understanding about IPRs and its potential role in stimulating research and innovation has evolved, and IPRs are now becoming one of the priority issues within the CPFRD. The centre has now developed some initial “IPRs Policy Guidelines”, a manual of procedures for IPRs application, and has initiated a Forestry IP Forum among forestry research institutions and practitioners in Indonesia.

These case studies aim to share country experiences from developing countries in the areas surrounding IP policy making, policy implementation and use of IPRs by researchers for leveraging more benefits to the stakeholders, people, institutions and countries.

The full text can be viewed by clicking HERE.

Post written by Karine Malgrand, Facilitator of the National Partners Initiative for CAS-IP

Learning from the licensing of a papaya variety developed by the public sector in Costa Rica

The National Partners Initiative (NPI) of CAS-IP is publishing five working papers from five Agricultural Research Institutions in developing countries. These case studies aim to share experiences from developing countries in the areas surrounding IP policy-making, policy implementation and use of IPRs by researchers for leveraging more benefits for the stakeholders, people, institutions and countries.

The second case study published comes from Costa Rica. It describes the process that the University of Costa Rica’s Office for Knowledge Management and Transfer (PROINNOVA) undertook to license the seeds of a new papaya variety, named Pococi.  This was developed jointly by the University of Costa Rica (UCR) and the National Institute for Agricultural Technology (INTA, for its acronym in Spanish) from Costa Rica.  The study seeks to better understand the institutional challenges that must be addressed by potential license seeking organizations in Costa Rica to ensure successful transactions.

The project itself was not successful because, after addressing several institutional issues, a license agreement was not concluded.  Failures and/or unsuccessful projects can be a good way of acquiring experience, especially when lessons can be learned.

The full text can be viewed by clicking HERE.

Post written by Karine Malgrand, Facilitator of the National Partners Initiative for CAS-IP

IP case studies from four agricultural research institutions in developing countries

http://www.cas-ip.org/public/uploads/2009/04/compilation_of_4_working_papers_npi_2008.pdf

The National Partners Initiative (NPI) of CAS-IP has published this week a compilation of 4 working papers entitled: “Institutionalization of Intellectual Property Management: Case Studies from four Agricultural Research Institutions in Developing Countries”.  The full text can be viewed by clicking on the lead link above. These case studies aim to share country experiences from developing countries in the areas surrounding IP policy making, policy implementation and use of IPRs by researchers for leveraging more benefits to the stakeholders, people, institutions and countries. The results of the case studies have been prepared as four working papers. The working papers are on the following topics:

Intellectual Property Management Regime in the Indian National Agricultural Research Systems
(R. Kalpana Sastry, India)

This case study presents an overview of the changing environment for public research organizations in the Indian Agricultural Research System with respect to intellectual property management. In its commitment to cater to its broader societal objectives, the system has been challenged with growing sovereignty and restrictions on the sharing of germplasm, privatization of knowledge, and pressures to reduce demands on public finances through the commercialization of research products. Starting with a review of the relevant legal and policy documents to understand the background of the obligations at national and at the international level, followed by a brief review of the role and functions played by some statutory agencies in India, the implications for the National Agricultural Research System were studied. Against the realization of need for IP policy for the large system, the provisions and governance model of the new IP policy of the national agricultural organization like the Indian Council of Agricultural Research (ICAR) was analyzed. Then the implementation of guidelines now in place for two constituent institutes Project Directorate of Poultry (PDP) and Directorate of Rice Research (DRR), animal- based and crop-based institutes respectively, were studied in detail from the IP policy perspective. The study highlights on the implementation of guidelines, structural adjustments in decision making activities in IP management at institutes and at understanding the specific issues of IP management relevant to the research mandate of these institutes.

Establishment of Plant Breeders’ Rights System in Tanzania: Achievements and Challenges
(Patrick Ngwediagi, Tanzania)

The study is on establishment of plant breeders’ rights system in Tanzania: achievements and challenges seeks to review appropriateness of the current plant breeders’ rights system in Tanzania and its contribution to an effective sui generis system, and attempts to formulate an appropriate model in line with the TRIPS Agreement. The results indicate a need for a benchmark review of process of activities to be useful towards the creation and operationalization of a sui generis system. The involvement of the stakeholders in this exercise in Tanzania proved to be very useful exercise and should be continued as many other developing countries develop models to suit the needs in their niche areas. The findings suggest a strong need of such actions to enable policy makers take prudent decisions while complying with the TRIPs agreement. Issues of benefit sharing and access to biological resources especially in PVP context need to evolve if the IP protection systems are to bring the needed changes for the stakeholders.

A Review of the Nigerian System of Intellectual Property
(Victor M. Ibigbami and Christopher U. Orji, Nigeria)

Nigeria is taking steps to comply with the new IP regime ushered in by the WTO TRIPS and supported by African Union (AU). The issues such as Plant Variety Protection (PVP) and patent for microorganisms are technological in nature and the country should exercise the sui generis option provided in the TRIPS agreement to develop suitable laws. It is necessary that such laws may have instruments to be able to be used beyond the country’s existing IP framework like through the aegis of AU Model Law. This study also points to the need to amend the National Crop Varieties and Livestock Breeds Registration and Release Committee Decree 33 of 1987 in Nigeria to provide space for Plant Variety Protection (PVP), Animal Breeders Rights, and Farmers’ Rights. The Committee is currently administered by the National Centre for Genetic Resources and Biotechnology (NACGRAB) in the Ministry of Science and Technology and institutional mechanism should be put in place. Analysis of two grants relating to biotechnological related inventions and consequent efforts for licensing the technology indicate the need for regulation of such inventions in terms of best practices methods. Providing strong legal mechanisms for biotechnological inventions through National Biotechnology Law may lead to institutionalizing the norms for biosafety through institutions like National Biotechnology Development Agency (NABDA). This will help regulate research on microorganisms in terms of IP creation, benefit sharing and on biopharmaceuticals and nutraceuticals which the patent law presently does not address. It is envisaged that such measures would lead to increased investment in technology development and the resulting products can better the lives of the people of Nigeria.

Establishing a Technology Transfer Office in an Academic Institution in a Developing Country: Experience of Moi University
(Antony S. Mbayaki, Kenya)

The study relates to the experience of Moi University (in Eldoret Kenya) on the establishment of the first technology transfer office in a university or public research institution in Kenya. This study indicates the efforts of the policy makers leading to the establishment of the office at the institutional level. Nuances in the process of establishment, the challenges that faced and continue to open up, the manner of countering and overcoming have been discussed. The success and the roadblocks during the process serve as vital lessons for several other organizations that are now in the process of establishing Technology Transfer Office (TTO) in academic institutions especially in Africa. The study indicates that the benefits accrued through such offices placed in institutions of higher learning are enormous. If technology transfer has to be disseminated to reach to end users in a climate of ‘win-win’ situation, it is necessary to institutionalize the technology transfer in all institutes. Since the provisions in law have to be actualized and enforced, TTOs will have a major role in overseeing that potential and actual through sound IP management reach all stakeholders.

Post written by Karine Malgrand     consultant to CAS-IP