Home > IP Topics Index > Putting Intellectual Property to Work: Experiences from Around the World > Partnerships for Innovation and Global Health: NIH International Technology Transfer Activities > Editor's Summary, Implications and Best Practices

Technology transfer from non-profit and governmental institutions in industrialized institutions to for-profit and non-profit institutions in developing countries can be mutually beneficial. The institution in the recipient country gains access to high technology to not only improve public health but also economic growth and increase capacity to produce drugs and vaccines. The license deal can be structured in a way that the institution in the developing country can afford and sustain. Also, scientific assistance may be available from the inventors. Other non-governmental organizations (NGOs) may also be able to assist with funds or access to production skills. The license can be structured in a way that makes both the recipient licensee a respected partner in the commercialization process.

The U.S. National Institutes of Health (NIH) technology transfer experience has shown that there are for-profit and non-profit institutions in developing and emerging market countries that have the capability and interest to bring new products to market that meet regional critical public health needs. This can be done while not sacrificing the U.S. market (to the extent there is one) by granting a license to a U.S. company for the Western market and a institution (company, public health and/or non-profit organization) in a developing country for markets outside the more industrialized nations. When the market is essentially outside the U.S., these licensing strategies provide positive outcomes for non-profit and government institutions including their scientists who gain satisfaction and notoriety in having their technologies meet important public health needs in developing countries. The institution providing the technology gains a reputation for not only high quality scientific achievement but also in meeting its societal obligations to make the world a better place. Students who participate in scientific research also gain satisfaction from seeing the fruits of their labor pay off.

There are many combinations of licensing strategies that can be used to segment the world market if necessary to meet the market needs and demands of each region. Even when no patent protection is available, unique biological materials that might be an essential component of a vaccine for example can be licensed for commercial use as a biological material. With careful review, a capable institution may be found with commercialization capabilities. One should keep an open mind because depending on the country, it may be a for-profit company, a non-profit or government entity or a semi-privatized company. NIH provides several examples where different strategies involving various types of institutions have at least reached the early stages of the commercialization process.

For scientists and institutions that want to see their technologies reach markets where public health needs may be greatest, licensing to institutions in developing countries may be the best way to ensure the shortest route to access to technologies that will meet critical public health needs. Institutions in developing countries can be dependable licensees and partners to develop such technologies. Additional assistance is sometimes available from NGOs such as the Gates Foundation, Rockefeller Foundation, Wellcome Trust, PATH, and international institutions such as the World Health Organization (WHO) and the World Intellectual Property Organization (WIPO).

Within the broader context of international development, the NIH Office of Technology Transfer (OTT) recognizes the relevance of assisting in the development of a cadre of scientists and technology managers experienced in IP Management and other technology transfer-related matters. Overcoming this obstacle is necessarily a long-term project but also eventually a self-sustainable one. As a first step, OTT is working in partnership with other stakeholders throughout the world to assess the technology transfer and training needs of institutions in developing countries. Moreover, OTT has also initiated an international technology transfer capacity building program to train scientists and managers from developing countries. The first phase will include training of staff from institutions in China, Brazil, Argentina, India, South Africa, The Philippines, Chile, Mexico, and Hungary. Future expansion of the program is envisioned for relevant personnel from institutions in Africa, Latin America, Asia, and Eastern and Central Europe. The NIH OTT recognizes the role that IP management and technology transfer capacity plays, not only in providing access to medicines and vaccines, but also in the bigger picture of international development, and is therefore all the more committed to extending its humanitarian mission across the globe.

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

• Interactions with the U.S. National Institutes of Health Office of Technology Transfer (NIH OTT) will provide opportunities for accessing critically needed vaccines and medicines, capacity building (for example in IP management and technology transfer capacity), and multi-faceted development in science, technology and health. This could have long-term positive impact.
• There is a lot of potential for the transfer of inventions from national health institutions, including those in developing countries. Important frameworks for successful programs are a strong political will, clear policies, and authoritative management of IP at the institutional level.

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

• Working with the National Institutes of Health Office of Technology Transfer (NIH OTT) can provide institutions in developing countries with opportunities for both access to intellectual property related to needed health care related technologies, and as part of an overall collaborative package, assistance in building IP capacity may be also available. This represents a comprehensive assistance package from the NIH OTT.

For Scientists

• If your university works with the National Institutes of Health Office of Technology Transfer (NIH OTT), your research program will have a unique opportunity to interface with the NIH, to build dynamic collaborative programs. However, you and your staff should respect any intellectual property that is owned by the NIH. Your technology transfer office can assist you so that there are no misunderstandings or mistakes.

For Technology Transfer Officers

• The National Institutes of Health Office of Technology Transfer (NIH OTT) can provide your university with access to needed health care related technologies, provided intellectual property can be transferred and there is assurance that it will be recognized, respected and protected. Hence, your office can work closely with the NIH OTT to in-license technologies, and also work together with the NIH OTT to build and strengthen your office’s IP management capacity through coordinated, collaborative capacity building and IP training programs.