Your source for expert commentary on IP management issues.
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Editor-in-Chief, Anatole Krattiger
Why This Topic Is Important
The processes of market discovery and market formation often occur simultaneously for early stage
technologies, which presents great challenges for those seeking to license them. This section discusses
the nature of market opportunities for new technologies and how technology transfer can best approach
them. For the policymaker, it illustrates how the public sector and the market interface one another and
how it is the market that ultimately decides which technologies are worth moving forward, and why.
Key Implications and Best Practices: Section 12
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.
- Technology marketing is a process by which owners of a technology create relationships, between themselves and potential users that will enable the technology to be developed and made widely available, through commercialization, alliances or other methods.
- Policies that encourage alliance building between the public and private sector have been particularly successful in bringing innovation to market.
- Product development partnerships (PDPs) facilitate and accelerate the flow of public and philanthropic investment through the innovation pipeline. The ultimate measure of success is not maximum profit but maximum social benefit.
- In addition to the IP legislative and capacity framework, other determinants of innovation need to be addressed by governments to ensure a vibrant and innovative technology industry. In agricultural biotechnology in particular, many current regulatory approaches and frameworks significantly increase regulatory costs, causing years and years of delays. The result often is that only multinational companies can afford to introduce new technologies, thus stifling national innovation significantly.
- Negotiating between public and private sectors ought not be confrontational and should be seen as an opportunity to forge a long-lasting and mutually beneficial relationship. Put differently, negotiating a fair licensing agreement should not be seen just as a process of “bargaining” toward a win-win outcome.
- For the private sector party, a well-tested and successful approach to negotiating an agreement is to offer initial terms that the public sector organization would be willing to agree to if it were on the other side of the negotiating table.
- Negotiation and technology marketing skills are fundamental for successful licensing and technology transfer. People working in the public sector need to be well qualified and have strong negotiating skills, thereby enabling institutions to take advantage of their own R&D efforts and to realize broad public sector and commercial goals.
- Policies and legislation that are beneficial to small biotechnology companies and startups, in general, can be instrumental in accelerating the pace of innovation in a country, particularly when it comes to commercializing public sector–generated inventions.
Biotechnology and Pharmaceutical Commercialization Alliances: Their Structure and Implications for University Technology Transfer Offices
by Mark G. Edwards
Business Partnerships in Agriculture and Biotechnology that Advance Early-State Technology
by Martha Dunn, Brett Lund, Eric Barbour
IP Portfolio Management: Negotiating the Information Labyrinth
by Jeremy Burdon
Negotiating an Agreement: Skills, Tactics, and Best Practices
by Richard T. Mahoney
Product Development and IP Strategies for Global Health Product Development Partnerships
by Sandra L. Shotwell