HANSEN, Stephen A

Abstract: Because certain patenting and licensing strategies can inhibit the development and dissemination of products for developing countries, intellectual property management strategies need to be developed that can help remove some of these obstacles. It is equally important to apply creative patent management strategies that actively promote access to needed products in developing countries. Care must be taken, however, to ensure that patents on research inputs do not discourage or unreasonably increase the cost for product development that targets needs in small or unprofitable markets. The American Association for the Advancement of Science project on Science and Intellectual Property in the Public Interest convened a working group to explore these issues in 2004. This chapter draws upon the expertise of that group to identify licensing strategies that are effective in promoting humanitarian access to health and agricultural product innovations and expanding their use among poor and disadvantaged groups, particularly in low-income countries. The chapter encourages more public sector IP managers to understand and employ strategies that will achieve these goals and seeks to help private sector licensees to understand the rationale behind and potential benefits of such strategies. Indeed, humanitarian licensing strategies should more and more become the norm by contributing to the development and dissemination of essential medicines and agricultural technologies for developing countries.

Abstract: Traditional knowledge (TK) is the information that people in a given community, based on experience and adapted to local culture and environment, have developed over time and that continues to develop. This knowledge is used to sustain the community and its culture, as well as the biological resources necessary for the continued survival of the community. Since 1948, international human-rights standards have recognized the importance of protecting intellectual property. Yet, to date, intellectual property (IP) rights are not adequately extended to the holders of TK. The requirements for IP rights protections under current IP regimes remain largely inconsistent with the nature of TK. As a result, it is neglected and considered part of the public domain with no protections or benefits for the knowledge holders, or expropriated for the financial gains of others, often referred to as biopiracy. This chapter presents basic IP concepts in the context of TK with specific attention to identifying, classifying, and protecting elements of TK. The advantages and disadvantages of the various IP protection options are discussed, and a number of case studies are presented to facilitate a better understanding of each option or issue.