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About
MIHR
PIPRA
Fiocruz, Brazil
bioDevelopments- Institute
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CHI-HAM, Cecilia
Cecilia Chi-Ham, a native of Honduras, earned a B.S. degree in Chemistry and Environmental Sciences at the University of the Ozarks and a Ph.D. in Chemistry and Biochemistry at the University of Southern Mississippi. In 2004, upon completing her post-doctoral work at Michigan State University in the field of plant biology, Dr. Chi-Ham joined the Public Intellectual Property Resource for Agriculture (PIPRA). Dr. Chi-Ham is a plant biologist interested in facilitating agricultural innovations, particularly in developing countries, and leads PIPRA’s Biotechnology Resources Program. The Biotechnology Resources Program’s activities include the following: developing research tools with maximum freedom-to-operate that can support a wide array of agricultural applications for humanitarian and commercial purposes; facilitating technology transfer; building new partnerships and research collaborations; and providing legal information on biotechnology tools. The program’s multi-disciplinary activities straddle the delicate junction between the scientific, legal, business development, and regulatory affairs that are an integral part of research and development of new agricultural innovations in developed and developing countries.
 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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