Golden Rice: A Case Study in Intellectual Property Management and International Capacity Building

The authors examine the management of risks associated with intellectual property linked to agri-biotech products, with emphasis on the international movement of agri-biotech intellectual property from industrialized to developing nations

Algae and Biodiesel: Patenting Energized as Green Goes Commercial

In the twenty-first century, predominant dependence on fossil fuels as energy resources will not be sustainable. Developing and commercializing green energy innovations will be an essential component of the transition to a more diversified energy economy. Algal biodiesel is one of the most promising green fuels because of its potential as a renewable and sustainable fuel source without displacing food crops. Algal biodiesel research and development are necessary early steps towards a transition to a green energy economy. The strategic use of strong patent portfolios will drive this by attracting investment, incentivizing innovation and accelerating commercialization. Whereas algal biodiesel research and development is largely still early stage, this will rapidly change as aggressive investments and government subsidies facilitate economically competitive algal biodiesel to enter the energy market. Algal domestication, improvement and industrial utilization for biodiesel production will therefore inevitably create value, leading to increased assertion of property rights, of which intellectual property rights in the form of patents are fundamental. This article provides a summary of representative patents and patent applications in the algal biodiesel technology space and their commercial applications

Golden Rice: A Case Study in Intellectual Property Management and International Capacity Building

In order for agricultural biotechnology (agri-biotech) to play a larger role in the development of sustainable agricultural systems, intellectual property (IP) rights management must be addressed. These issues are not limited to developing countries. With increased globalization, the management of agri-biotech IP rights affects both developing and industrialized countries. In industrialized countries, for example, IP rights risk management entails protection of inventions via strong patent portfolios. For developing countries, IP rights risk management includes the acquisition of rights requisite for the use of inventions essential to the basic welfare of the population. Strategies are needed to bridge these disparate IP management paradigms to facilitate the successful transfer of the agri-biotech from an industrialized country source to a developing country recipient. This paper examines IP management linked to agri-biotech products. Further, this paper examines Golden Rice, a genetically engineered rice strain that accumulates beta-carotene (i.e., pro-vitamin A) in the endosperm tissue of grain, as a case study for IP management, with emphasis on the international movement of agri-biotech from industrialized to developing countries. Topics discussed include: the application of agri-biotech to international development; the challenge of transferring this technology from industrialized to developing countries; a method for evaluating the IP constraints impinging on the deployment of Golden Rice; industrialized/developing country perspectives vis-a-vis IP rights management; six shorter-term options for the management of IP connected to Golden Rice; and a longer-term proposed path to sustainable transfers of agri-biotech products

IP and the Global Public Interest: Challenges and Opportunities

[Excerpt from article] Intellectual property (IP) capacity is essential for economic development, particularly as countries transition into the higher technology sectors, for example biotechnology. For developing countries, a commitment to minimal IP rights protection will determine inclusion in the World Trade Organization (WTO), facilitate access to foreign-direct investment, and accelerate economic development. However, on a more fundamental level, capacity in IP management will affect whether a country can provide basic health and nutritional needs for its citizens. For example, sustainable food security presents a serious challenge in many developing countries; as their economies rapidly emerge, urban centers expand, arable land and fresh water decrease, and growing populations demand more protein in their diets. This is where the promise of agricultural biotechnology can make a difference. Yet, such cutting edge innovations in biotechnology invariably have IP rights attached; and depending on the level of IP education, awareness and human and institutional capacity present in a developing country, accessing such essential innovations can be straightforward, difficult or simply impossible

Preliminary Report on Patent Literature, Search Methodology and Patent Status of Medicines on the WHO EML 2009

Over the past several decades the World Health Organization (WHO) has produced the Essential Medicines List (EML) to assist countries in deciding what medicines should be essential and available in National Essential Medicine Lists.1 WHO, through the work of regional offices, supports nations using the EML to ensure the quality, availability, and affordability of pharmaceuticals required to promote and advance public health in nations across the globe. However in some cases, access to EML pharmaceuticals might be complicated by existing patents, i.e., where issued, patent rights might pose obstacles to access and inclusion in national EMLs. Indeed, in developed and emerging economy national jurisdictions patent protection may be in effect for a not insignificant number of the WHO EML pharmaceuticals (Figure 2A). However, in developing countries, it is uncertain whether these patents have been filed or issued. Without patent data predicated on an established, reproducible protocol for accessing and assembling patent information on the EML pharmaceuticals, discussions, debates and strategic approaches to understanding and managing patents with regard to access and delivery to developing countries remain in the dark. Indeed, it is absurd to make policy and formulate strategy without solid patent information: the critical foundation for rational debate. To analyze the degree and scope of patenting of EML pharmaceuticals, WIPO (with WHO) approached the Franklin Pierce Center for Intellectual Property at the University of New Hampshire School of Law, specifically the International Technology Transfer Institute (ITTI) to generate a preliminary overview of patents appurtenant to recently added pharmaceutical updates to the EML.2 As part of this work, with inputs from WHO and WIPO, ITTI developed novel methodology and a detailed protocol for identifying EML pharmaceutical patents in national jurisdictions, with an easily reproducible yet cost effective template. Herein is described the development of such a protocol and a preliminary pool of patent information that illustrates its utility. The protocol yields data in a layered approach thereby allowing a user to quickly and effectively obtain both broad and detailed patent information for medications on the WHO EML. In addition, the protocol can be used as an initial path for targeted strategic analysis of potentially relevant patent information in national jurisdictions. In sum, the objectives for this project were: To develop a robust methodology to assess the patent status of medicines on the WHO Model List of Essential Medicines; To place in the public domain a detailed report on the present (2010) patent status of medicines that were on patent in 2003 and those medicines added to the Model List since 2003 by country and level of development; and To analyze the patent status of these Essential Medicines by the development status of countries. The report describes the development of the protocol and presents a preliminary list of EML and corresponding patents in certain jurisdictions to illustrate the utility of the approach. Results will be discussed both in terms of global access and patents, and in the context of establishing standard, systematic, protocols for periodic patent searches related to EML content. 1 WORLD HEALTH ORGANIZATION, CONTINUITY AND CHANGE IMPLEMENTING THE THIRD WHO MEDICINES STRATEGY 2008--‐2013 20 (WHO Press, 3rd ed. 2009). 2 This report covers the EML up to and including updates until 2009

The general theory of convolutional codes

This article presents a self-contained introduction to the algebraic theory of convolutional codes. This introduction is partly a tutorial, but at the same time contains a number of new results which will prove useful for designers of advanced telecommunication systems. Among the new concepts introduced here are the Hilbert series for a convolutional code and the class of compact codes

Studies of ClO and BrO reactions important in the polar stratosphere: Kinetics and mechanism of the ClO+BrO and ClO+ClO reactions

The reactions, BrO + ClO yields Br + ClOO (1a) yields Br + OClO (1b) yields BrCl + O2 (1c) and ClO + ClO yields Cl + CiOO (2a) yields Cl + OClO (2b) yields Cl2 + O2 (2c) yields (ClO)2 (2d) have assumed new importance in explaining the unusual springtime depletion of ozone observed in the Antarctic stratosphere. The mechanisms of these reactions involve the formation of metastable intermediates which subsequently decompose through several energetically allowed products providing the motivation to study these reactions using both the discharge flow-mass spectrometric and flash photolysis - ultraviolet absorption techniques. These methods have also been used to explore aspects of the kinetics and spectroscopy of the ClO dimer

THE REAL RATE OF PROTECTION: THE STABILIZING EFFECT OF PRICE POLICIES AND DIRECT PAYMENTS

Traditional indicators of protection refer to the level effect of price policies on income and ignore the stabilizing effect. We derive a measure of the real rate of protection which incorporates these dual dimensions. The income stabilizing effects of price policy protection lead to a greater level of real protection than would be measured conventionally. Computed real protection rates for the European Union wheat market over the pre- and post-MacSharry reform periods were found to be some 3-5 percent greater than traditional indicators. Moreover, the compensatory payments to farmers following the 1992 reforms had a major risk reducing impact.International Relations/Trade,

Kinetics of the HO_2 + BrO reaction over the temperature range 233–348 K

The reaction BrO + HO_2 → products is the rate-limiting step in a key catalytic ozone destruction cycle in the lower stratosphere. In this study a discharge-flow reactor coupled with molecular beam mass spectrometry has been used to study the BrO + HO_2 reaction over the temperature range 233-348 K. Rate constants were measured under pseudo-first-order conditions in separate experiments with first HO_2 and then BrO in excess in an effort to identify possible complications in the reaction conditions. At 298 K, the rate constant was determined to be (1.73 ± 0.61) x 10^(-11) cm^3 molecule^(-1) s^(-1) with HO_2 in excess and (2.05 ± 0.64) x 10^(-11) cm^3 molecule^(-1) s^(-1) with BrO in excess. The combined results of the temperature-dependent experiments gave the following fit to the Arrhenius expression : k = (3.13 ± 0.33)]10^(-12) exp(536 ± 206/T) where the quoted uncertainties represent two standard deviations. The reaction mechanism is discussed in light of recent ab initio results on the thermochemistry of isomers of possible reaction intermediates