Your source for expert commentary on IP management issues.
Go to the blog
Editor-in-Chief, Anatole Krattiger
Why This Topic Is Important
This section highlights for the senior administrator a range of specific strategies and mechanisms that are
being employed by research institutions to facilitate access to new technologies. These include both
contract-based approaches and organizational approaches. An institution can adopt these practices, and
even build them into its policies. It can also collaborate with organizations or build new organizations that
embody these approaches.
Key Implications and Best Practices: Section 2
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.
- One of the benefits of enabling public research institutions to own IP rights is that institutions can control how technology is deployed through the terms of licensing contracts, thus meeting both commercial and noncommercial goals.
- Well-crafted contracts based on best practices can be instrumental in achieving global access, provided the entire innovation process is given due consideration from the outset. This includes consideration of R&D capabilities, regulatory environment, manufacturing, IP management, access to markets, and trade-related concerns. Such an approach requires a lot of preparation and detailed knowledge of the processes related to developing a mission-driven mindset to establish optimum goals for the public sector.
- One of the central elements for public sector institutions is to have explicit IP policies and demonstrated institutional capacity to implement best practices in IP management. Any licensor, public or private, is more willing to license to institutions that proactively protect third-party property, which leads to confidence building and a higher degree of motivation to proceed with more licensing and technology transfer arrangements.
- Humanitarian licensing can benefit both the research and public service missions of a university or public sector research institution. Consider creating an institutional policy that standardizes the reservation of humanitarian rights on all technologies, including, as appropriate, the right to practice the invention for nonprofit goals. Potential licensees are less likely to resist if they know that the terms being requested are “standard” and part of the deal in doing business with an institution.
- Implementing the various best practices discussed and presented in this section is complex and requires experience. Public sector institutions need to plan and implement focused capacity building in IP management.
- Networks with individuals and organizations, such as foreign universities, corporations, product development partnerships (PDPs), and government agencies, should be seen as critical elements that enhance the innovative potential of any institution.
- Indeed, partnerships are an important way to fill in the capacities that are required to make an institution innovative. Few, if any, institutions have the entire range of capacities to bring ideas to market.
- Under many circumstances, patenting may be unnecessary and publication might offer the widest dissemination. The decision to place inventions in the public domain should be calculated and made on a case-by-case basis. open source licensing might be another complementary component of an IP management strategy.
- Whenever possible, consider nonexclusive licensing as a strategy to maximize the utilization of research tools. On product patents, exclusive licensing may, in many circumstances, be more effective to reach broad dissemination, particularly if coupled with strong milestone clauses.
- Complementary strategies are the segmenting or apportioning of markets, whereby different licensees obtain exclusivity but only for one portion of the field of use. This strategy can also be used to implement tiered pricing.
Ensuring Global Access through Effective IP Management: Strategies of Product-Development Partnerships
by Robert Eiss, Kathi E. Hanna, Richard T. Mahoney
Facilitating Assembly of and Access to Intellectual Property: Focus on Patent Pools and a Review of Other Mechanisms
by Anatole Krattiger, Stanley P. Kowalski
Facilitating Humanitarian Access to Pharmaceutical and Agricultural Innovation
by Amanda L. Brewster, Stephen A. Hansen, Audrey R. Chapman
Open Source Licensing
by Janet Hope
Patenting and Licensing Research Tools
by Charles Clift
Reservation of Rights for Humanitarian Uses
by Alan B. Bennett
Using Milestones in Healthcare Product Licensing Deals to Ensure Access in Developing Countries
by Joachim Oehler
Valuation and Licensing in Global Health
by Ashley J. Stevens