Title of topic being presented to IDRC's Board of Governors

Title of topic being presented to IDRC's Board of Governors

Accessing Patented Knowledge for Innovation A global project supported by IDRCs Innovation, Technology and Society Program November 5 and 6, 2009 WIPO Conference on Building 1

What is IDRC A Canadian Crown Corporation Mandate to initiate, encourage, support and conduct research into the problems of the developing regions of the world and into the means for applying and adapting scientific, technical and other knowledge to the economic and social advancement of those regions IDRC Act Enlist scientists in Canada and abroad Build skills and institutions Coordinate development research Foster cooperation for mutual benefit Funds others to do research, not performed inhouse

2 IDRC Goals Strengthen and mobilize local research capacity Change the lives of poor people Partnerships Scope and impact of investments Capacity and influence of researchers Coordinate efforts Budget CAD $200M, 450 staff, Ottawa + 6 regional offices

3 IDRCs Guiding Principles Peoples of developing regions must be able to control their own knowledgebased development IDRC takes its lead from Southern researchers Development research grant-making is

the core of our activities 4 Grants + Model of Partnership Building research capacity in critical areas Supporting research led evidence for policy making Supporting Strategic communicating of research findings Opening up critical new areas of research Enabling networking and knowledge platforms

5 Partnership models Knowledge AND donor partnership Boutique Operations vs 6 Wholesale model Innovation, Policy and Science Challenge Fund

+ Innovation Technology and Society Program The Challenge Fund Partners with Granting Councils and other Canadian research funding organizations to enable joint research between Canadian and LMIC Scientists Network of Centres of Excellence; International Canada Research Chairs; (CRCs Program) International Community Research Alliances (with SSHRC)

7 Objectives of the ITS Program 1. Improving understanding, capacity and inter-linkages of innovation system actors (organizations and individuals) in developing countries 2. Supporting the development of explicit and implicit S&T policies contributing to improved functioning of developing country innovation systems 3. Strengthening socio-economic impact analysis, social inclusion and learning capabilities in support of innovation and the governance of new

technologies 8 ITS Research Program Framework Innovation System Actors Social Responsiveness Science and Technology Policies

Learning Capabilities Impacts and Inclusion 9 10 IP as a cross-cutting theme IP research capacity in developing country

Need for endogenous research capacity Situating IP within innovation for Development Development-----Economic growth + social equity Sustainability Security 11

ITS project Accessing patented knowledge for innovation OBJECTIVES: Research Exemption in patent law optimum formulation, its use and impact on key industrial sectors. Compulsory Licences - The framing and implementation of the right to ensure the widest and least costly access to patented technologies to address pressing social and economic challenges. Patent Pools and Patent

12 Clearing Houses - ITS project Accessing patented knowledge for innovation Our intentions Field building in IP research Understand the IP research domain in developing countries - Opportunities in TRIPs Who is doing what ? Outcomes? What are the aspirations and constraints ? What role can IDRC play ? 13

Methodology Open competitive call Thematic areas research exemptions Compulsory licensing Patent pooling No comparative framework to begin with Current status and opportunities Focus on research for innovation Networking and sharing of experiences 14 15

What have we learnt Demand for IP research capacity building is very high balancing economic and social goals IP policy making at various levels institutional, organisational, national and regional levels Exemptions are necessary but not sufficient conditions for innovation Room for framing national IP legislation around social policy imperatives 16

What have we learnt Patent pooling is an emerging trend in a few countries (China, india and Philippines) but too early to find patterns. Drivers of PP could be voluntary private sector, state or third party push for public goods / services Need for tangible incentives for research leading to innovation the role of the state 17

The Functionality of the three-step test in Widening the Scope of Research Exemptions: Transposing the Copyright Experience into the Patent Field Instituto de Direito do Comrcio Internacional e Desenvolvimento Edson Beas Rodriguez Junior BRAZIL 18 Research findings - Brazil Terms of article 30 (3 step test of patent law) limited in interpretation.

A reinterpretation of the terms is possible AND mandatory that reconciles commercial and social interests Makes a case for research AND development exemption in TRIPS 19 Assessing the Challenges of Patent and Research Exemption on Research Capacity and Utilization in Universities, Research Institutions and Industry in Botswana University of Botswana, Gaborone Dr. Njoku Ola Ama

BOTSWANA 20 Key findings - Botswana Very low level of awareness IP legislation 1966 but very low awareness Awareness of researchers on IP is superficial Existing legal framework is ineffective IP law exists but scope of exemptions and options not

understood need for endogenous research 21 Key findings - Botswana Real need capacity building for domestic patent filing process Content exists but lacks clarity and articulation Insignificant numbers of domestic patentees

Research exemptions are not enough Incentives for researchers to innovate 22 Accessing Technologies and Information Contained in Patent Documents to Enhance Innovative Research in Tanzania: The TRIPS Agreement Research Exemption Tanzania Commission for Science and Technology (COSTECH) Georges Silas Shemdoe TANZANIA

23 Key findings - Tanzania Tanzanian researchers have a low level of intellectual property awareness IP information should be integrated in capacity building strategies. Researchers are not aware of IP issues because IP is not taught at all level of education. 24

Key findings - Tanzania Low motivation for innovation and technology transfer in R& D institutions due to lack of Institutional IP Policies. The use the patent system will contribute to the socio-economic development of Tanzania. 25 Main Findings Use of the patent system among researchers is low.

Awareness of researchers on industrial property is low. Using Patent Information (PI) During R esearch Work Awareness on the Different Categories of IP 80 50

70 40 Percentage 60 50 Usi ng P I 40 Not usi ng P I

30 20 10 30 20 10 0 0 26 Industrial property

Copyright Plant Breeders Rights Dans quelle mesure lexemption de la recherche peutelle promouvoir linnovation travers une formulation la plus mme de favoriser laccs aux connaissances brevetes? Association pour la Promotion de la Proprit Intellectuelle en Afrique, Yaound-Messa, Cameroun Loumou Bikoun Alain Dsir CAMEROUN 27

Key Issues - Cameroun Low level of knowledge and awareness Difficulty in accessing patented information Absence of IP policy in research institute Weak/absence technical infrastructure funding and research resources ( data bases) Senior authorities and policy makersawareness and capacity building Lack of incentives for researches to 28

Key findings - Cameroun Research towards reliable statistics on impact of IP restriction on R& D innovation Broaden scope of research- research exemption Strengthen R&D for innovation Better access condition for research resources 29 Patent Pools in China Patenting Behaviour of Foreign I Firms and Implication on Local Innovation Capabilities

and IP Policy Challenges Bei Hang University (Beijing University of Aeronautics & Astronautics), China Xiangdong Chen CHINA 30 Main Findings- China Increasingly competitive patterns of patenting behaviour between groups of foreign and domestic firms. Foreign firms dominated in patenting volume throughout 1990s and early

2000s, however, domestic firms are increasingly catching up in patenting volume during mid and late 2000s Overseas invention patenting and granted patents are highly concentrated by sources of owners from limited countries, and closely correlated to quality of overseas capital inflows (in terms of Foreign Direct Investment), measured by size of the31average investment. Main Findings - China China based patent records are increasingly comparable with

international patent database such as USTPO, JPO, EPO, and overall PCT, not only in terms of patenting movement but also in terms of Index of Patent Right (IPR), however, there are still some discontinuity in patenting movement and granted patents, which indicates typical feature and uniqueness of China based patent studies 32 Main Findings-China Based on special measurement techniques on

patent breadth and patent life cycle, there is a quality difference between Chinese domestic patents and overseas owned patents in China. There are also differences among industrial sectors in general, which indicates that the measurement technique can be applied to both quality issues and technical competition issues in different sectors, and moreover, the Patent Pool issues. The impact effect from In-Pool Patents / Firms upon local Off-Pool Patents / non-Pool Firms is also examined through similar studies. 33 Main Findings - China

Based on some overseas Patent Pool cases (such as DVD, MPEG-2, WCDMA) in China, Patent Pooling indeed provides member companies larger competitive power over those Off-Pool patents and especially nonPool firms. However, such kind of extra power is not evenly distributed among different pools in a same product or industry sector, some pools have higher impact over others, especially higher impact upon Chinese34 local companies in Main findings - China Interesting technical findings are revealed

between In-Pool and Off-Pool Patents owned by In-Pool Firms, when Patent Breadth and Patent Life Cycle measurement are used, e.g., while In-Pool Patents revealed longer life cycle, they are narrower in Patent Breadth compared with Off-Pool Patents. These findings indicates reasonable arrangement for patent owners in the pool to support longer life for In-Pool patents, and to apply just-in-use field to those patents in the pool. 35 Main Findings - China

Impact issues can be important for policy makers and companies in developing countries in general, if further findings can be revealed through wider scope of Patent Pool case study on motives and results of InPool firms in managing their patents In-Pools and Off-Pools, and dynamic changes on strength of local Chinese patenting capability in particular technical areas, in and around pooled technologies. These are planned for the research project to be completed in the near future. 36

Patent pooling and Access to Knowledge: A case study of biotechnology with reference to India The Energy and Resources Institute, New Delhi, INDIA Nitya Nanda INDIA 37 Main Findings - India Even up to 2006, there were a few biotech patents that were granted in India but most

of them were owned by Indian entities. But from 2007 there has been substantial increase and a large majority of them are owned by foreign companies Patent pool as a concept is little known in India and there is no specific legal framework to govern the issue. There are very few examples of operational patent pools in biotechnology and the experience is not well 38 documented Main Findings - India There are very few examples of operational

patent pools in biotechnology and the experience is not well documented 39 Patent pools are likely to work if / when When there are incentives for firms contributing their high-valued patents to a patent pool There is a viable governance mechanism for the pool When there is no clear incentive, compulsory licensing may be an additional requirement for patent pooling particularly in non-voluntary types

If a patent pool can provide an alternative to existing inaccessible patents, then it can provide value or enhance access to knowledge May work in case of patents that may not have good potentials in lucrative markets (e.g., tropical neglected diseases) 40 Exploring Patent Pooling As a Tool for National Development Arellano Law Foundation, Inc., Manila, Philippines Josephine Santiago THE PHILIPPINES

41 Key issues - Philippines 1. Limited private sector R&D participation 1. 2. Lack of IP awareness and understanding among IP stakeholders resulting in indifference or distrust of the IP system 3. low levels of R&D investment in view of limited government resources 4. Weak linkages among higher educational institutions (HEI), RDIs and industry 42

Research Findings - Philippines 1. Patent pooling per se cannot as yet be a tool for national development in the country. Technology pooling must be encouraged where potentially new products and services may be available Support initiatives for providing management of technology portfolio for better bargaining and negotiating power Simplify approach for assistance to technology generators and researchers

43 Utilizing Compulsory License as a Means to Access Platform Technologies in the Healthcare Sector Centre for Trade and Development, New Delhi Yogesh Pai, Associate Fellow INDIA ( Research work is in progress) 44 Workshop

Knowledge sharing and Networking Accessing Patented Knowledge for Innovation 20-21 October 2009 Ottawa Next Steps Consolidation of findings Book , research network - 2010 Building core research capacity building on IP

A few selected countries? Training of trainers? Accessing WIPO and WTO training resources Building on this work and sustainability IDRC seeks partnerships 46 Veena Ravichandran Senior Program Officer Innovation, Technology and Society IDRC [email protected]

THANK YOU 47

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