1. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 Structuring Science & Technology Collaborations: The Role &Perspective of a Developing Country University Rosemary Wolson Intellectual Property Manager: UCT Innovation University of Cape Town +27-21-650-2425/+27-83-784-3648 Rosemary.Wolson@UCT-Innovation.co.za

2. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 UCT Facts & Figures SA’s oldest university ~20,000 students ~2,000 academic staff Research budget ZAR 360 million (~US$ 60 million) Research & Innovation Department –UCT Innovation (contracts, IP, commercialisation) Faculties: –Commerce (and Graduate School of Business) –Engineering & the Built Environment –Health Sciences –Humanities –Law –Science

3. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 Importance of Research Collaborations for UCT Funding Access to technology Access to complementary expertise Equipment Capacity-building Value adding

4. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 Features of UCT’s Research Collaborations Location of collaborator –Local & international Type of collaborating organisation –Academic, industry, government, ngo, igo, development agencies Stage of research –Early stage to applied Nature of the outputs –Innovative/cutting-edge science to ‘routine’ provision of services Funding –Externally funded, co-funded, self-funded

5. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 One Size Does Not Fit All… Wide range of collaborators and diversity of relationships –Different conditions attach Calls for a flexible approach Within certain policy parameters –Proactive research management and support therefore critical to ensuring that both UCT and its collaborators derive benefit out of these relationships

6. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 UCT’s Approach What’s important to us might not be the same as what’s important to our collaborators But benefits for both parties can still be achieved Compromises are necessary Identify ‘dealbreakers’ for each party –Requires clear policies, consistently applied –If unacceptable – walk away –If acceptable – reach common ground

7. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 Most Common Causes of Dispute Confidentiality & publication rights –Distinguish between information received from other party & information generated in course of project –Time-limited embargo on disclosure; right to review IP ownership, access & use –Licensing preferred over assignment, but approach depends on circumstances –Minimum condition: royalty-free, perpetual license to university for teaching & research – fto

8. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 Avoiding Disputes Disputes more common during negotiation than in implementation Clear contracts that represent a true ‘meeting of minds’ –Deliverables, budget, timelines –Contracts signed off by university – but must be understood by the researchers concerned Dispute resolution provisions

9. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 Developing Country Issues Unequal collaborations - not taken seriously –UCT inventors left off patent applications filed by overseas collaborator ‘Drudge work’ Resource constraints make for a poor bargaining position –Can’t afford to walk away –Limited capacity Choice of law and forum for dispute resolution –Litigating overseas could bankrupt the institution! Biopiracy’ –Plant material, tissue collections, clinical data

10. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 PIIPA Proposal Public Interest Intellectual Property Advisors –www.piipa.org Proposal for a Facilitation, Mediation & Dispute Resolution Network Focus on developing country IP issues, including traditional knowledge –Design culturally appropriate negotiation process –Facilitate negotiations –Resolve disputes Is there a need? Appropriate partners – WIPO?

11. WIPO Conference on Dispute Resolution in International Science & Technology Collaboration, Geneva, Switzerland, 25-26 April 2005 Thank You!