SMES, Open Innovation and IP Management: Advancing Global Development

[Excerpt] Micro-Small-Medium Enterprises (abbreviated herein henceforth as “SMEs”) are global drivers of technological innovation and economic development. Perhaps their importance has been somewhat eclipsed by the mega-multinational corporate entities. However, whereas the corporations might be conceptualized as towering sequoia trees, SMEs represent the deep, broad, fertile forest floor that nourishes, sustains and regenerates the global economic ecosystem. [. . .] Broadly recognized as engines of economic and global development, SMEs account for a substantial proportion of entrepreneurial activity in both industrialized and developing countries. Indeed, their role as dynamos for technological and economic progress in developing countries is critical and cannot be underemphasized. In industrialized countries, SMEs as major contributors to GDP and private sector employment, in more than a few countries contribute to as much as 60% of the national workforce. In a not unsubstantial portion of developing countries, SMEs are known to employ more than 70% of workforce. [. . .] As foci of technological creativity, SMEs propel long-term growth by facilitating innovation and its diffusion across local, national, regional and international economies. However, innovation immediately begets intellectual property (IP) and the concomitant urgent need to address intellectual property rights (IPR). Hence, to realize the maximum value of innovation, SMEs need to recognize, understand and manage IP in order to protect their IPR and thereby accelerate their innovations towards commercialization; this will, in turn, not only improve their business revenue flow, but ultimately raise the standard of living in their respective countries. IP is thus the essential link in the economic/technological development chain, between creativity/invention, on the one hand, and innovation/commercialization, on the other. SMEs therefore face a number of needs and challenges with respect to IP, IPR and management thereof. This will involve efficient utilization of assets, resources and capital, of which the human/intellectual aspect becomes increasingly important in the emerging global knowledge economy. SMEs in the future will need to recognize the reality and indeed necessity of economies of scale, i.e., the need to “merge” in virtual networks which whereas they might resemble larger firms, are not, i.e., are more like the jellyfish (loosely assemble, organized colony of single-cellular organisms: “SME networks”) and less like the whale (highly structured, systematized, hierarchical organism: the “corporate firm”). This will require sophisticated understanding how open innovation networks, IP management and global economic opportunities can be strategically merged to drive development

Freedom-to-Operate in the Crop Sciences: Procedure

Freedom to operate (FTO) is the ability to proceed with research, development and commercialization of a crop science product, while fully accounting for any potential risks of infringing activity, that is, whether a product can be made, used, sold, offered for sale, or exported, with a minimal risk of infringing the unlicensed intellectual property rights (IPRs) or tangible property rights (TPRs) of another. An FTO analysis begins with the ‘FTO team’ systematically dissecting the crop science product into the components, combination of components, processes and germplasm that went into its research and development. This is followed by generating a series of FTO analytical questions, whereby each piece of the product is carefully scrutinized for the presence of potential IPRs, TPRs and germplasm property rights held by other parties. Finally, patent counsel may render an FTO opinion, indicating the likelihood of the risk of infringing the unlicensed IPRs or TPRs of another should research, development or commercialization proceed. FTO is not absolute. The proprietary landscape is in a continual state of flux, both in time and in space, as in the case where patents issue/expire in countries around the world. Therefore, an FTO analysis is a risk-management tool which is only applicable for a given product, at a given time, in a given jurisdiction, and, as such, must to periodically updated

Portrait: Anatole Krattiger—Intellectual Property Management in The Global Public Interest

[Excerpt] What do cows in green Alpine landscapes have in common with IP? Not much unless you ask Dr. Krattiger. As a young farmer in his native Switzerland, and later in the South of France where he cultivated vineyards, he developed a practical approach to solving problems. During these formative years as a farmer, Dr. Krattiger particularly enjoyed tending dairy herds in the green pastures of the Swiss Alps. There he learned and practiced the art of fine cheese making: an age-old and fundamental application of traditional biotechnology. Working in sight of the sublime peaks of the Alps must have spurred his mind to lofty goals, for Dr. Krattiger has since gone on to pursue a career focused on providing developing countries with access to new agricultural and health technologies. This idealism, however, remains rooted in a farmer’s sensibility: his professional life has been grounded in a results driven pragmatism.

Pierce Law Participates in Pandemic Influenza Vaccine IP Management Meeting

On April 18, 2006 several members of the greater Pierce Law community participated in an important meeting held at the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. Organized by The Centre for the Management of Intellectual Property in Health Research and Development (MIHR), the meeting “Intellectual Property Management Strategies to Facilitate Early Access and Global Health Benefits: Case Studies in Pandemic Influenza and Malaria” had the objective of exploring and discussing IP issues which impact the distribution of vaccines to developing countries, a topic of heightened worldwide importance given the potential threat of a global influenza pandemic. In an intensive one-day session, the diverse panel of world experts worked together to formulate a list of realistic, creative and dynamic IP management options for providing the poor of the developing world with access to critically essential vaccines

Intellectual Property, Medicine and Health: Current debates

Johanna Gibson’ s “Intellectual Property, Medicine and Health: Current Debates” is an ambitious attempt to bridge the gap between IPR (largely patents) and the ethical, moral and philosophical issues which should influence global access to innovations in health. This intent is noteworthy and timely, as the complexities are important to address and there is an urgent need for clear-headed strategy. However, disappointingly, the book largely fails, as it is a rambling polemic that lacks focus, clarity and originality. Wading through the thicket of verbiage becomes so daunting that whatever message might be present is lost. The book also is flawed in its skewed interpretation of IP law and lack of forward vision. As such, it mostly stands as a rehashing of previous material, adding little in the way of new analyses or suggested strategic options

Agricultural Biotechnology in China: An Unreachable Goal?

Recently there has been much discussion about the People’s Republic of China’s (PR) investment in and commitment to agricultural biotechnology (agri-biotech). Rapid economic expansion, population growth and technological development are changing the PRC; accompanying these changes is increased demand for high-quality food and fibre. Agri-biotech is optimistically viewed as an important way to meet these demands. Whereas Chinese technological capacity in agri-biotech has advanced significantly over the past decade, it may be unable to meet these challenges. Even when this capacity is combined with good intentions, enlightened policy and large capital outlays, accelerated development of agri-biotech may nevertheless be precluded. Without a reliably enforced system of intellectual property rights (IPRs), the hoped for potential of agri-biotech may never be fulfilled

Horses as Sources of Proprietary Information: Commercialization, Conservation, and Compensation Pursuant to the Convention on Biological Diversity

Horses indigenous to East and Southeast (E/SE) Asia, including native, landrace, feral, and wild populations, embody valuable genetic diversity. Conservation efforts for animals have largely been driven by humane altruism, with little consideration for the information value of genomes. Yet, if horses are viewed as archives of information as well as objects of affection, their conservation shifts to a market-based paradigm. Horse genetic resources (GR) likely contain significant value to the lucrative global horse industry, including veterinary applications such as diagnostics, therapeutics, genetic markers, gene therapies, and cloning technologies. As biotechnology becomes increasingly sophisticated, mining of horse GR will accelerate, thus facilitating identification, inventorying, bioprospecting, and commercialization of genetic information. Yet, establishing a value chain that balances equitable compensation for commercial applications while promoting conservation of horse populations remains a challenge. Recommendations presented here include establishing regional and national human resource and institutional capacity (competent national authorities), that catalog eco-geographical inventories of horse GR; monitor, manage, market and direct equitable value chains from horse to genetic information to commercial products; and ensure revenue flow back to support conservation. This system will foster market incentives to build capacity for sustainable conservation of the diverse horse populations of E/SE Asia

Bridging the Paradigmatic Crevasse between Lawyers and Scientists: The Need for New Institutional Models

The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept a shifting appraisal of reality. As a harbinger of global challenges which will likely define this century, the COVID pandemic and the rapid development of efficacious vaccines vividly illustrates the necessity, importance and indeed urgency of building interdisciplinary bridges between the legal and scientific profession, i.e., a paradigmatic bridge. This cannot be accomplished by the time-honored ad-hoc approaches which typify prevailing programs. Instead, it must be strategically approached via institutional commitment. The Franklin Pierce Law Center was a pioneer in this regard, and the University of New Hampshire Franklin Pierce School of Law carries that tradition forward into this century. Under the inspired leadership of two eminent dynamic thought-leaders in the field of legal education, Professor Leah Plunkett and Dean Megan Carpenter, the Powerhouse embodies this vision and commitment, with an innovative implementation of a paradigmatically synergistic model for legal education, forging the interface between law and science

Crop Bioengineering: Enormous Potential for Catalyzing International Development

[Excerpt] Bioengineering provides unique and dramatic opportunities for crop improvement. It can be used to develop crop varieties that would otherwise be unavailable and can facilitate much faster and more precise ways of developing improved varieties. It can help to increase yields and reliability and thus reduce food costs for the consumer while helping to control input costs for farmers through reduced applications of herbicides, pesticides, and fertilizer. The extent to which this will be achieved depends on how effectively the global scientific community – including both the public and private sectors – can cooperate in harnessing the power of crop bioengineering and the allied scientific fields of genomics and bioinformatics for the poor and hungry of the world. This, in turn depends on the extent to which projects are demand-driven and holistic in approach, integrating all technical and non-technical factors relevant to the product development and commercialization/ delivery chain

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