Presentation on theme: "Open Forum for Agricultural Biotechnology in Africa organized by AATF at a luncheon held at Jacaranda Hotel on 30 November 2006 from 12noon to 2pm."— Presentation transcript:
Open Forum for Agricultural Biotechnology in Africa organized by AATF at a luncheon held at Jacaranda Hotel on 30 November 2006 from 12noon to 2pm.
The Role of Intellectual Property in Biotechnology Research, Development and Innovation Lucas Sese, HSC. Assistant Director African Biotechnology Stakeholders Forum (ABSF)
What is Intellectual property IP? creation of the human mind i.e. humanintellect intangible property translated into tangible products.
What is IPRs? legal protection of IP range of rights associated with inventions, discoveries, writings, product designs, and other creative works.
What are the elements of IPRs? Industrial Property Rights Patents Industrial designs Trademarks and Service marks Geographical indications Layout designs of integrated circuits Plant breeder’ rights Trade secrets
Copyright and Related Rights Copyright Literary works Artistic works Musical works Computer programs Database
Related Rights Performers Rights Phonogram Producers Broadcasting Organizations
Globalization of IPRs WIPO World Intellectual Property Organization (WIPO) Conventions and Treaties Paris Convention, (1883), protection industrial Property Berne Convention (1886)- protection of copyrighted works
Patent Treaties Patent Law Treaty (2000) Substantive Patent Law Treaty – draft under negotiation Patent Cooperation Treaty (PCT) (1980)- filing of patent applications worldwide Budapest Treaty (1977) – Deposit of Microorganisms for the purpose of patent protection
Globalization of IPRs cont. UPOV International Convention for the Protection of New Varieties of Plant administered by the Union for International Protection of New Varieties of Plants (UPOV): protection of new plant varieties. UPOV 1978 Act UPOV 1991 Act
WTO WTO/TRIPS Agreement (1994) protection of Trade-Related Aspect of Intellectual Property Rights Article 27.3(b) on the patent protection of life forms Relationships between TRIPs and CBD
Non-IPR Agreements CBD The Convention on Biological Diversity (CBD) protection of traditional knowledge information and technology transfer IP in biological inventions.
FAO The FAO International Treaty on Plant Genetic Resources for Food and Agriculture (2003)FAO International Treaty on Plant Genetic Resources Conservation and sustainable use of plant genetic resources for food and agriculture includes material transfer agreements, farmers rights and intellectual property rights farmers rights to save, use, exchange and sell farm-saved seeds/ propagating material, subject to national law and as appropriate.
Regional IP Treaties Harare Protocol on Patents and Industrial Designs within the Framework of the African Regional Intellectual Property Organization (ARIPO) ARIPO- Banjul Protocol on Marks Bangui Agreement Establishing an African Intellectual Property Organization (OAPI)
Kenya IP laws ·Industrial Property Act 2001 ·Trademarks Act Cap 506 (Amendment) 2002 ·Copyright Act 2001 · Seed and New Plant Varieties Act CAP 326, of 1977
Draft IP legislation Draft Geographical Indications Bill, 2001 Draft Undisclosed Information Bill, 2001 Draft Layout designs for integrated circuits 2002 Draft Counterfeit Goods Bill,2005
Institutions administering IP in Kenya Kenya Industrial Property Institute (KIPI) (Ministry of Trade and Industry) Industrial Property Act 2001 Patent grant and registration Utility models registration Industrial designs registration Industrial Property information Promotion of innovativeness and inventiveness in Kenya
The Trademarks Act Cap 506 amended in 2002 Registration of Trademarks Registration of Service marks
KEPHIS (Ministry of Agriculture) The Seed and New Plant Varieties Act Cap 326 of 1977 Registration of New Varieties of Plants that are: New, distinct, uniform and stable
Kenya Copyright Board AG Chambers) The Copyright Act 2001
IP Protection in plant science Intellectual property in the plant sciences can be protected in a number of ways through;k 1. Patents 2. Plant Breeders Rights 3. Data protection Trade secrets
Patent A patent confers an exclusive rights to exclude anyone else from using an invention, even an innocent infringer who independently develops the same invention without any knowledge of the patent holder's rights. Invention to be new, have inventive step Industrially applicable Full disclosure of the invention Protected for 20 years
In the biotechnology field, patents are used for the protection of inventions such as gene sequences and genetically modified organisms (GMOs).
In Kenya, under section 22 of the Industrial property Act 2001 plant varieties are excluded from patentability, but not parts thereof products of biological processes.
In US, (double registration- patent and plant variety protection) The patent on a gene and on transformed plants utilizing the gene is Frequently written with a number of claims covering for example: An isolated or purified protein, The isolated or purified nucleic acid sequence that codes for the protein,
Plasmids and transformation vectors containing the gene sequence, Plants (or seeds of such plants) transformed with such vector and containing the gene sequence, and The progeny (or seeds) of such plants
Knowledge-based economy The globalization of IPRs IPRs for public good Economy is becoming increasingly knowledge-intensive. IPRs contribute to the enrichment of society i.IPR policy-marking relies on scarce expertise ii.here is a lack of reliable economic data upon which to estimate the long-term effects of a given level of IPR protection.
Agricultural Biotechnology Inventions 1980 the US Supreme Court held in the case of Diamond v. Chakrabarty that a living, genetically altered organism may qualify for patent protection WTO/TRIPs AgrementArticle 27.3 (b) of the TRIPS
IP in Research and Development IP has be come key issue in agricultural and resource economics over the past two-half decades. patents provide essential incentives to undertake costly investments in product development. technology transfer development into useful products encourage innovation and creativity to reward innovation and ensure the plant science industry maintains its strong science base.
IP POLICY R&D institutions put proper IP Policies/rules in place Guide to handle IP management and technology transfer Technology Transfer Office Assist the reviewer of agreements MTA Collaborative Agreements License Agreement
Disclosure IP ownership Publication IP Protection Commercialization of inventions Sharing of Royalties Dispute settlement
Material Transfer Agreements (MTAs) Biotechnological research Need of basic research materials Legal instrument to borrow materials and defined terms and conditions Common terms of MTA Description of the material Purpose- research or commercial use User, usage Restrictions Time period
Continuation Completion requirements- handling of material at termination stage Ownership of derivatives Ownership of new products Commercialization rights Publication citation requirement Preparation costs Governing law
Patents on Research Tools in Biotechnology The effects of patenting research tools will vary License research tools by holders of patents on research tools an exclusive basis rather than on a nonexclusive basis; this could choke off the R&D of other firms Licenses with reach-through royalty provisions
the Cohen-Boyer patents on basic recombinant DNA techniques, Harvard onco-mouse and the polymerase chain reaction (PCR).
Continuation The effects of patenting research tools will vary License research tools by holders of patents on research tools an exclusive basis rather than on a nonexclusive basis; this could choke off the R&D of other firms Licenses with reach-through royalty provisions the Cohen-Boyer patents on basic recombinant DNA techniques, Harvard onco-mouse and the polymerase chain reaction (PCR). END