Home > Topics > Putting Intellectual Property to Work: Experiences from Around the World > A Model for the Collaborative Development of Agricultural Biotechnology Products in Chile > Editor's Summary, Implications and Best Practices

Development, adaptation, and diffusion of agricultural biotechnology products depends on a complex system of private, public, and academic institutions and financing that comes from markets, government, and other public entities such as philanthropy. But can these factors be aligned so that developing countries can either access or create biotechnological applications in agriculture and health so as to meet their specific needs? For example, pursing R&D ventures for developing enhanced crops able to withstand salinization, heat, and drought stress, or that can provide better nutritional composition, would certainly meet the needs of many of the poorest farmers. However, critical questions to ask include whether markets being served are where traditional businesses are unable to extract sufficient value, and whether governments are well placed to take the lead or are they most useful in forming, encouraging, and enabling such ventures.

This chapter by Carlos Fernandez and Michael Moynihan sheds some light on these questions and suggests how to move forward. It shows how, in Chile, early government leadership in establishing a foundation (the Fundación Chile) to promote, attract and to some extent manage investments to address a range of needs has helped to develop otherwise “orphan crops.” Focusing on international collaborations between the public and private sectors, the Foundation addresses many factors in the commercial development of biotechnology crops. Not surprisingly given that Chilean agriculture is an export-oriented economy, one of the most important factors is the management of IP components. Other factors include the biosafety and food safety regulatory conditions in export markets.

Specifically, the model developed by Fundación Chile is to form R&D consortia around a specific product focus. Local partners provide complementary capacities at different points along the value chain. These are then reinforced by inputs from an international network:

• R&D organizations with research capabilities for adapting technologies to local conditions and developing products that address local priorities
• Technology partners with the skills to identify, assess, and globally access additional research capabilities and technologies that needed for the project
• Local technology transfer organizations for supplying initial R&D funding, assisting with obtaining grants and other forms of outside funding, and supporting the incubation of new technology companies
• Strategic private-sector partners that provide an understanding of market demands, an ability to introduce or use novel products in the target sectors, and initial R&D funding

Actively managed by Fundación Chile, these partners are involved throughout the innovation chain, including R&D, regulatory support, planning for production and manufacturing, access to national markets, international trade issues, and IP management. The value created—including any new intellectual property generated during the project—is held by the consortium, but the final product normally is licensed to a technology-based company in exchange for royalties or other types of compensation. These R&D consortia have made it possible to use resources efficiently and to leverage investments through public support. The infrastructure and human resources of existing public research institutions are also productively leveraged. The chapter concludes by describing how these active partnerships function, using a number of case studies to document the road to success.

Key Implications and Best Practices

Given that IP management is heavily context specific, these Key Implications and Best Practices are intended as starting points to be adapted to specific needs and circumstances.

For Government Policy-makers

• An overall National Biotechnology Policy ought to be formulated and published. Its development should be anchored in the participation of all major stakeholders to ensure that everyone is on the same page. This is particularly important for biosafety and food safety regulations, since regulators need such a policy to assist them in making important risk assessments and decisions.
• The legal framework of IP laws and associated regulations needs to be functioning. This includes efficient courts for enforcement and dispute resolution. The IP framework is especially important for its “pull effect,” which should lead to the enactment of plant variety protection systems (for example, consistent with the Convention of the International Protection of New Plant Varieties … UPOV).
• Ensure that policy-makers and other government officials receive inputs by advisers with solid scientific backgrounds.
• Adopt measures that catalyze the formation of R&D consortia.

For Senior Management (university president, R&D manager, etc)

• Successful development of agricultural biotechnology innovations arising from a public sector R&D institution will require research collaborations, coordinated international networks and strategically organized value chains. Building a solid institutional capacity in IP management is the foundation for these endeavors.
• Encourage scientists to judiciously protect inventions, specifically those where follow-on investments are needed to bring the inventions to bear fruit for society. The latter could include potential economic returns for the university.
• Encourage scientific networks, particularly those with foreign institutions with similar mandates, missions and visions.
• Demonstrate how inventions at the university lead to socio-economic benefits through technology transfer. At a minimum, this ought to include the establishment of a technology transfer office (TTO).

For Scientists

• Your involvement in technology transfer and product development is critical. This will lead to earlier benefits to society, potential economic returns for your organization, and your own satisfaction.
• Participate to the maximum extent in international scientific networks, or even create them, is such opportunities present themselves.
• Ensure that your research remains focused and that you appreciate the commercial potential of innovations arising therefrom.
• Participate actively in your institutions’ formulation of IP and related policies (such as regulatory and conflict of interest policies).
• Be persistent and disciplined when it comes to keeping lab notebooks up to date. Rigorous lab notebook keeping is good science and also a best practice in IP management.

For Technology Transfer Officers

• Your organizational structure should be as efficient as possible so that you can regularly interact with scientists both from your organization and from industry.
• Ensure that you have people in your office who understand the research being conducted and can speak with the scientists.
• Develop clear policies and procedures to evaluate technologies and to manage potential conflicts of interest between scientists and commercial partners.
• Provide training to every newly hired scientist on technology transfer procedures. Also offer continuing training to those who have been working in your organization for many years. Bringing in outside speakers might be an effective way to offer variety and maintain dialogue and discussion.
• Identify winning projects and widely disseminate information about those successes with scientists, your administrators, industry representatives, and government policy makers.