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About
MIHR
PIPRA
Fiocruz, Brazil
bioDevelopments- Institute
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BOETTIGER, Sara
Sara Boettiger is an agricultural economist with a background in intellectual property (IP) law. She works as Director of Strategic Planning and Development at The Public Intellectual Property Resource for Agriculture (PIPRA) and is a consultant for the Bill & Melinda Gates Foundation. She publishes in the field of IP law and policy and is a member of the Board of Directors for the Institute of Forest Biotechnology. Her professional interests are the design and implementation of practical services that support innovation and improve livelihoods in developing countries. Her research interests are the legal and economic ramifications of IP rights and developing countries, collaborative innovation systems, open source in copyright and patents, university technology transfer systems, and the strategic use of patents in developed countries.
Dr. Boettiger holds a B.A. from the University of Arizona, an M.S. from the University of California, Berkeley, and a Ph.D. in Agricultural and Resource Economics from the University of California, Berkeley.
 Abstract
Defensive Publishing and the Public Domain
Abstract:
IP (intellectual property) rights can reward innovators and encourage investment in developing new products and services. However, the exclusionary power of IP rights can sometimes have negative effects, making technologies less accessible and, thereby, potentially impeding innovation. To make informed decisions about how to balance access and protection requires an understanding of both the traditional IP rights system (patents, copyrights, trademarks, and trade secrets) and alternative mechanisms for preserving access to technologies. This chapter provides a brief introduction to the public domain and defensive publishing and examines issues concerning the choice behind the choice of whether to publicly disclose or to patent an innovation. Discussing the strategic use of defensive publishing in IP management, the chapter considers both the utility of defensive publishing and its limitations for supporting broad innovation. After an examination of the public domain and how it relates to other open-access concepts, such as open source and the commons, the chapter focuses on the practical considerations involved when using public-domain technologies and defensive publishing to manage intellectual property.
Abstract
Freedom to Operate: The Law Firm’s Approach and Role
Abstract:
In the fields of health and agriculture, it has become increasingly important to understand the role of patent infringement in research, development, and commercial production. If a patented technology is used without permission, the patent holder may have the right to sue the researcher for patent infringement. Many companies routinely analyze the freedom to operate (FTO) of a research project or product, assessing whether it is likely to infringe existing patents or other types of IP rights. Private companies more routinely engage in FTO analysis than public sector research institutions because the infringement risks they face must be directly considered in the calculus of profitability. Public and not-for-profit private institutions also are becoming increasingly aware of the need for better FTO information, but FTO analysis is expensive, and its benefits must be weighed against its costs. This chapter provides an overview of the process, including considerations of when to invest in FTO analysis, and particularly focuses on the law firm’s role and perspective.
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