Home > Topics > Putting Intellectual Property to Work: Experiences from Around the World > Application and Examples of Best Practices in IP Management: The Donald Danforth Plant Science Center > Editor's Summary, Implications and Best Practices

The Donald Danforth Plant Science Center (the Danforth Center) is a not-for-profit research institute with a global vision to improve the human condition through plant science. This vision is exemplified in the Danforth Center’s logo of “Discover, Enlighten, Share and Nourish”. Research at the Danforth Center includes efforts directed towards:

• increasing the yield of staple crops,
• decreasing the need for chemical pesticides in agriculture,
• increasing crop resistance to pests and pathogens,
• increasing tolerance to abiotic stresses such as drought, salinity and cold,
• increasing food quality and food safety, and
• enhancing nutritional content of staple and subsistence crops.

The goal of the Danforth Center’s research, and the research of its scientific partners, is to address and solve specific agricultural issues of highest priority and importance in developing countries, with the greatest potential benefit intended for resource poor subsistence farmers in these countries. Hence, in the context of its broader mission, the Danforth Center is committed to:

• improving human health and well being,
• increasing agricultural production for a sustainable food supply,
• preserving and renewing the environment,
• building scientific capacity, and thereby
• contributing to economic growth in the developing nations of the world.

As this chapter makes clear, this dynamic mission of the Danforth Center is built on a solid foundation of collaboration and sharing, facilitated via scientific exchange and training, capacity building, technology transfer and a clearly articulated global perspective. An integral part of the Danforth Center philosophy relates to its goal of sharing the benefits of its research and discovery endeavors with developing nations. The Danforth Center’s philosophy and approach with respect to the protection and sharing of IP rights is consistent and coordinated with this mission, and integral to the establishment of its international collaborations and scientific partnerships—an approach which has been carefully thought through and implemented.

In this regard, the Danforth Center’s policies and objectives regarding intellectual property are consistent with those of the Public IP Resource for Agriculture (PIPRA): to promote the management of intellectual property related to agriculture and to achieve freedom to utilize agricultural innovations for research, commercial use, economic development, specialty crops and humanitarian purposes. In line with these objectives, the Danforth Center encourages the development of research innovations for use in agriculture while also retaining rights needed to fulfill its mission of research and product development for the broader public benefit and humanitarian purposes.

The chapter first provides an overview, and then discusses from a very practical point of view a number of examples of best practices used by the Danforth Center for the establishment of inter-institutional agreements and reservation of rights for humanitarian projects and enabling access and FTO to intellectual property. Specific examples of key elements from these documents are included. For example, to insure that the Danforth Center retains and maintains rights to use technology developed by the Danforth Center researchers or through collaborations, the Danforth Center includes a section in sponsored research and license agreements reserving rights to use technology developed for the benefit of the poor and underserved peoples of the developing nations. Under these terms, the Danforth Center and its cooperators retain the rights to develop, have developed, produce, have produced, distribute and/or have distributed (“commercialize”) the products of basic and applied research and joint collaborative research and then to share this with partnering organizations in the developing countries.

The Danforth Center recognizes that value is enhanced by retaining IP rights and options so as to apply and make technologies available in as many ways, applications, markets, and territories possible, while advancing the welfare of those who are most in need, yet least likely to afford, the products of these technologies in the developing countries. Hence, these programs aim to facilitate transfer of this technology to the lesser developed and developing countries including making IP rights and materials available to these countries. Similarly, PIPRA and other groups are playing a key role in facilitating access to such technologies while still protecting the IP assets of the inventor’s institution for use in commercial agriculture, both for major crops as well as for minor or specialty crops.

The Danforth Center regards its role in international development as a critical component of its overall mission. This categorically involves promoting the transfer of technological innovations arising out of the R&D efforts at the Danforth Center to developing countries around the globe. Protecting and managing intellectual property, regardless as to whether it is owned by the Danforth Center, its partners/collaborators, or other third-parties, is interwoven into this process of technology transfer. Thus, IP rights, managed effectively, efficiently and strategically, represent a mechanism for facilitating this process. Within this context, at the Danforth Center has strived to organize and then implement an integrated, comprehensive and adaptable system for such best practices in managing IP rights. The examples of agreements presented in this chapter are the embodiment of this system, and provide practical examples that other institutions might wish to emulate.

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 Policymakers

• Encourage public sector research institutions to manage their intellectual property so as to reserve rights for the general public good.
• Provide for appropriate legislation that facilitates wise IP management practices by public sector research institutions; that is, implement IP laws that promote the maximum benefit from intellectual property developed by public sector institutions, both monetarily and also humanitarianly.

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

• Support institutional technology transfer offices, so that they can develop, and then implement, best practices in IP management that are consistent with the public sector mission of the institution.
• Encourage technology transfer offices to closely work with researchers, so that they can clearly understand the commercial and humanitarian potential of any intellectual property arising out of these research activities.

For Scientists

• Build a good working relationship with your institution’s technology transfer office. In this way, you can work closely with them to maximize the overall value of any innovations that might flow from your research endeavors. What they don’t understand can’t be utilized and developed.
• Instill in the scientific community a sense of commitment to addressing humanitarian needs and research for the public good while providing incentives for innovation and translational research.

For Technology Transfer Officers

• Coordinate your activities so as to maximize the value of intellectual property developed at your institution. Remember that value is not only commercial, pecuniary, value, but also humanitarian use value.
• Structure your IP licenses and other agreements so that IP rights are reserved for humanitarian purposes. Be certain that these agreements are consistent with one and another, that they all share such a common purpose.
• Work with your research scientists in order to understand, as early as possible, the potential innovative applications that may arise from their dedicated efforts. In this way, IP rights can be contemplated and strategically allocated to meet the mission of your institution, that is, serving the greater public good.
• Provide models to minimize transactional costs and facilitate and synergize collaborative scientific partnerships while protecting the rights and interests of the parties and developing fair and equitable approaches to value sharing.