CGIAR IP principles

CGIAR IP PRINCIPLES

www.ciat.cgiar.org
Eco-Efficient Agriculture for the Poor

INTRODUCTION
• Property is the most ancient and controversial
right.
• http://video.google.com/videoplay?docid=-
3943238047917600249#docid=367394046424385517

• INTELLECTUAL PROPERTY: products derived
from purely intellectual activities.


Intellectual Assets (IAs)
• IAs are the results or the products of our
scientists’ R&D activities – whatever their
nature (knowledge, publications, information
products, improved germplasm, technologies,
inventions, software, processes, etc.)


Intellectual property rights (IPRs)
• Ownership rights over the intellectual assets, for ex.
– Copyright
– Database rights
– Patents
– Plant Variety Rights or Plant Breeders’ Rights
– Trademarks
– Geographical indications
– Trade Secrets

• Many of our Intellectual Assets are not protected by IPRs
(except for copyright which vests automatically)


CLASSIFICATION

Intellectual Property

Industrial Plant Variety
Copyright
Property Protection


COPYRIGTH (DERECHO DE AUTOR)

COPYRIGHT

MORAL
RIGHTS

ECONOMIC
RIGHTS


CGIAR IP PRINCIPLES ON IA
-Effective since March 2012 for an interim (2 year) basis

- Renewed importance with increasing partnerships

- Significant milestone for the CGIAR

-Applies regardless of funding source and implementing entity

- Implementation Guidelines are being developed to ensure
understanding and coherent implementation


IP PRINCIPLES

Research results = international public goods

• widespread diffusion and use
• to achieve the maximum possible access,
scale, scope of impact and sharing of benefits
• to advantage the poor, especially farmers in
developing countries.


Center IA management policies
• Centers must ensure that their policies and
guidelines on IA management are:

– consistent with CGIAR IA Principles
(includes being consistent with International Treaty
and law transposing CBD)

– made public (Art 9.2)


Capacity
• Centers are expected to have the capacity
required for the proper implementation of the
CGIAR IA Principles

• This requires Centers to:
– Have staff who are experienced in identifying and
managing IP
– Provide training to Center staff on IP identification and
management


Maximizing access and impact
• Centers are expected to
manage their IAs in ways
that:
– maximize the global
accessibility of the IAs
– and/or ensure that they
lead to the broadest
possible impact on our
target beneficiaries

• It is the responsibility of
Center Boards to ensure that
the IAs reach the intended
beneficiaries to create impact


• General principle: open and non-exclusive access
Centers need to ensure prompt dissemination of results (publications,
etc.)


• Reaching intended
beneficiaries sometimes
requires Centers to:
– take out IP protection,
– grant exclusive licenses
– and/or access third party IAs
that have downstream
restrictions

 These are possible under
certain conditions


Partnerships
(i) Critical to ensuring access to the best
knowledge and innovation, harnessing
efficiencies in product development, and
achieving maximum impact through effective
delivery and deployment, and
(ii) may require incentives that must be
innovatively designed, carefully managed and
diligently monitored.


• Centers can apply
for IP Rights
(patents, PVP, etc.)
if they are necessary
for further
improvements of IAs
or to enhance
impact on
beneficiaries


• Centers can grant exclusive licenses for the
commercialization of IAs:
• if exclusivity is necessary and is as limited as possible
• Time – Territory - Scope
• and if the IAs are available in all countries:
- for research by public organizations in furtherance of the
CGIAR Vision
- and in the event of a national or regional food security
emergency (any deviations from these later requirements
must be first approved by Consortium)


Example: exclusivity with geographic segmentation
A Center identifies a biopesticide but does not have
the resources (or mandate) to develop it. No other
organization will take over development on a non-
exclusive basis.
Company A is willing to further develop biopesticide
into a product suitable for use by farmers if it has
exclusive rights to market it in developed countries.
Company A is content that product can be
commercialized by others in developing countries and
that the IA remains available for research by public
organizations in support of the CGIAR Vision.


Example: time-limited exclusivity
A Center develops a promising crop
variety, but does not have the
resources to disseminate it to
farmers in developing Country A.
Country A’s national public research
and extension agencies inform the
Center that they too lack the means
to get the variety out to farmers.
A few small seed companies are
interested in marketing the variety in
Country A if they are granted an
exclusive license for a certain period
of time.


• Centers can acquire third party IAs with downstream restrictions if
the resulting products further the CGIAR Vision and the Centers
cannot acquire the IAs elsewhere with less restrictions

Example: accessing third party IAs with downstream restrictions
A Center obtained a license from Company A to use an intermediate
technology to select a crop variety to be released by the Center in
the smaller and poorer developing countries in a region, but not the
larger developing countries in the same region, not even for research
purposes.
The Center is in the best position to breed the new variety as it has
many germplasm options available to test different crosses.


Sound management of IP
Centers need to have standard operating procedures in place
to ensure:

• ownership/ exploitation rights of IP clarified with
partners

• that criteria for exclusive licensing, acquiring third party
IAs with downstream restrictions, IP and charging fees are
met

• they have Freedom to Operate

• that IP over IAs generated by staff, consultants, visiting
scientists, etc., is, to extent possible, owned by Center (cf.
IP provisions of HR agmts)

• that lab notebooks etc. are appropriately maintained


Sound management of IP
• that all discoveries or inventions by staff etc. are
appropriately disclosed to Center

• that existing and future IP Assets are identified

• that an IP portfolio (with at least all registered IP
rights) is maintained and reported annually to
Consortium

• attribution, compliance with third party rights, etc.

• compliance with all applicable laws (incl.
International Treaty, laws transposing CBD, etc. are
complied with)


Thank you

m.v.jaramillo@cgiar.org


CGIAR IP principles

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