Professional Documents
Culture Documents
Anatole F. Krattiger
Adjunct Professor, Cornell University
Research Professor, Biodesign Institute & Sandra Day OConnor College of Law at ASU
International Consultant (bioDevelopments LLC)
intercontinental Consultants
(c) 2009. Anatole Krattiger.
These slides may be used freely for any educational and non-profit uses,
provided the source is properly acknowledged.
Anatole F Krattiger
Cornell University
Biodesign Institute & Sandra Day OConnor College of Law at ASU
bioDevelopments LLC (International Consultant)
PO Box 26
Interlaken NY 14847, USA
200
Private sector investments
to spread
PVP Act
Plant Patent Act (1970)
50 (1930)
[asexually propagated plants]
Even supposing that it were best for the community to have the
greatest degree of unity, this unity is by no means proved to
follow from the fact 'of all men saying "mine" and "not mine" at
the same instant of time,' which, according to Socrates, is the
sign of perfect unity in a state. . . That which is common to
the greatest number has the least care bestowed upon it.
Every one thinks chiefly of his own, hardly at all of the
common interest. . . Everybody is more inclined to neglect
the duty which he expects another to fulfill. . .
Aristotle, Politics, II
Tragicomedy?
Compare:
Tragedy of the Commons
Tragedy of the Anticommons
M Heller & R Eisenberg, 1998
The Romans
embedded
property
rights (dominium)
into elaborate
laws.
The Middle-Ages
Self-denial
Property is the
source of evil,
capable of
corrupting the
soul and leading
to sin.
It requires perfection to
succeed.
Monarch of Medieval Europe Issues First
Monopoly
Right enshrined
in US Constitution:
promote progress of
science and useful arts
Balance between
Industry:
Incentives are not always at the right place
(the wisdom of the herd)
Broadly accepted codes of ethics lacking in regard
to IP management
Insufficient experience in managing technologies for
dual purposes (economic and humanitarian)
Liability law (tie-in of IP with product liability), due to
expression of IP in material property
Key problems of IP to achieve food security
Industry
Donor organizations:
Slow in funding IP capacity building in the public
sector
Late in requiring sound IP management plans
(eg. Bill & Melinda Gate Foundations Global
Access Strategy)
Key problems of IP to achieve food security
Industry
Donor organizations
Governments:
Slow in adapting to changing circumstances and
new technologies
Unresponsive to public sector needs
Weak in enforcing anti-trust regulations
(competition, collusion, etc)
Key problems of IP to achieve food security
Industry
Donor Organizations
Governments
Public sector:
Mistrust vis--vis private sector
Though of IP to be the sole purview of the private
sector for too long
Slow in uptake of IP management policies and
practices
Misunderstanding of public good and private good
A public good is
1. Non-rivalry in consumption
(a good whose use by one person does not compete with or rival its use by
another person)
AND
2. Non-excludable
(no person can exclude other persons from its use)
Take-home lessons #2
Research
Development
Commer-
cialization
Research
Development
Commer-
cialization
Reagents Generation
GNG
Principal outcomes
Broad
Developing and delivering an anti-pneumococcal
vaccine for newborns, particularly for developing
countries
Specific
Availability of specific vaccines
A platform for other vaccines
Ensure Access: affordability
acceptability
adoption
Principal components of ASUs GAS
Key drivers
Ensure necessary incentives are available for
product development, clinical trials, manufacture
and distribution/marketing
Make scientific and technological advances
available as widely as possible
Use IP as a tool to facilitate global access and
widespread adoption
Principal Tools
Project-related IP policy
In-licensing strategy to obtain FTO
Patenting strategy
Licensing strategy
Confidentiality and protection of regulatory data, if
helpful
Branding strategy (trademarking)
Laboratory notebook and invention disclosure policy
Patent enforcement and infringement policy
Law, jurisdiction, dispute resolution, indemnification,
liability, insurance.
Etc.
Major issues to be resolved (triggered by milestones)
What background IP is available and necessary
Willingness to pay: developed country and higher
middle income countries
Manufacturing capabilities in developed an
developing countries
Financing of production capabilities
FTO strategy
Source of value
Some elements for negotiation/incorporation into
licenses with public sector goals
Krattiger 2007.
FAKE itz the new REAL!
Source: http://go.to/funpic
FTO strategies
R&D Strategies
6. Modify product
7. Invent around
Krattiger 2007.
Source: lachschon.de
FTO strategies
R&D Strategies
6. Modify product
7. Invent around
Business Strategies
8. Wait and see
9. Abandon project
10. Merge and/or acquire
Krattiger 2007.
Jim Lavrakas, 2000.
FTO strategies
In Practice:
Participation
Elite Circle Consortium
(private) (PDPs) Closed
Governance
Hierarchical Flat
Anatole F Krattiger
Cornell University
Biodesign Institute & Sandra Day OConnor College of Law at ASU
bioDevelopments LLC (International Consultant)
PO Box 26
Interlaken NY 14847, USA