October 2009 Archives

Mandatory disclosure of the origin of the genetic resources in patent application is a part of my ITTI project. It aims to comply with Convention on Biological Diversity (CBD) Article 15 which governs access of genetic resources, and thus to promote access and benefit sharing (ABS). However, mandatory disclosure policy is very controversial around the world and many counties have different opinion on this issue.

In general, many developing countries, which are normally genetic resources owners, favour the mandatory disclosure policy. In contrast, many developed countries are against this approach saying the disadvantages overweigh its benefits. There are also some countries hold a neutral attitude.

According to current conditions of global patent system structure and genetic resources relevant database, it appears that the mandatory disclosure policy isn't very realistic and it can hardly be enforced. First, there isn't a comprehensive genetic resources database to track down and to find if the disclosure of origin is correct and accurate. Second, the policy will certainly increase the workload of patent offices around the world to track down the genetic resources. Moreover, mandatory disclosure requirement as such cannot promote ABS, without the support from other relevant policies such as prior consent and fair contractual relation based system.

Currently, only a few countries around the world apply the mandatory disclosure requirement in their patent system, and China is one of them. The 3^rd revision of Patent Law of China (the new patent law) has become into effect on October 1, 2009. And article 5 and 26 of the new patent law govern the genetic resources and mandate its disclosure. Because it's only been 1 month since the new regulation became into effect, there isn't too much information about the enforcement and detailed situation of it. ITTI will continue to monitor the situation regarding the new patent law of China.

       Many developing countries are reliant upon the performance of their agriculture for economic growth and an increase in employment opportunities. To improve agricultural production, USAID is working with countries in Africa and Asia to utilize agricultural biotechnology as an instrument for agricultural development. USAID's agricultural biotechnology programs are developing new crop varieties that are resistant to insects and plant diseases. USAID also supports the development and integration of biosafety systems in Africa and Asia.

      These programs for biosafety systems work with regional partners to help with creating and implementing biosafety policies and procedures, increase countries' capacity for technology development, and assist local research institutions address regulatory and intellectual property rights issues. 

            USAID's collaborative agricultural biotechnology programs work to improve food security and make farmers' agricultural systems more environmentally sustainable. For further information, please follow this link: http://www.usaid.gov/our_work/agriculture/biotechnology/index.html

The USPTO has made a recent announcement that it has signed a Workplan for Bilateral Cooperation on intellectual property issues with the African Regional Intellectual Property Organization (ARIPO).  This workplan, in essence, represents USPTO's very first commitment to helping developed countries and least developed countries in promoting and improving the current existing intellectual property systems in some of the most needed African countries including, for example, Ghana, Botswana, Malawi, Kenya, Sudan, Uganda and Zimbabwe.

There has always been a critical need and demand for a legal framework in these African countries to enable private and public enterprises and companies to address the current food shortage and food crisis.  These needs and demands, however, are often overlooked because of, inter alia, the lack of regulatory structure by which private investment can be protected via IP rights (IPRs).  By signing the cooperative agreement with the USPTO, ARIPO seems to acknowledge the importance of knowledge sharing and technology transfer, and the life-saving effects of IPR protection on the current food production. 

Needless to say, the cooperative agreement is historic because the collaboration signifies Africa's willingness to build capacity programs and its understanding that private companies are less likely to invest in R&D and/or partner with public entities to create a business model that would benefit interest of the public in the absence of IPR protection.  The agreement further shows USPTO's continuous compliance in meeting the technical cooperation obligation under Article 67 of the TRIPS agreement.  

As a member of ITTI, I am working on a project to build and strengthen intellectual property (IP) capacity in Vietnam. Vietnam has experienced rapid economic growth since the government introduced the Doi Moi policy in 1986. The GDP per capita has been steadily increasing. In 2006, Vietnam became the 150th member of WTO. Vietnam's accession to WTO boosted its economy. As of 2008, Vietnam's real GDP growth rate (6.2%) is the highest among the ASEAN members and the second highest in Asia after China. 

Why do I find the Forum, which focuses on Capacity Building Partnerships for Sustainable Development important?

All over the globe, there are individuals, groups, organizations, institutions, governments, and array of international bodies doing good and important deeds for the developing world. The World Bank's upcoming Forum in December 2009 has the potential of raising the bar, of setting a guiding theme for how to reach this goal, how to help the developing world become developed. Running any project is a multi-faceted task. Taking the lead in orchestrating the global efforts is an admirable agenda.

A major element of Intellectual Property (IP) is an ability to properly manage it. IP management fosters and drives innovation. Innovation drives progress and development. Therefore, for progress and development to occur, capacity to monitor the transfer of innovation must be present.

Why the International Technology Transfer Institute (ITTI) at Franklin Pierce Law Center (FPLC) should take part in this Forum and what ITTI can contribute to the discussion?

ITTI is an IP capacity-building resource. As such, its mission is to help advance developing countries build their technology transfer capacity, capacity to receive, create, hold, and maintain innovation. Participation in such a Forum is a unique and important opportunity for the collaborating parties in ITTI to network, to learn and most importantly to voice their experience in the pursuit of ITTI's mission.

In fulfillment of ITTI's mission, its members recently developed a unique educational model, which through a long-term partnerships and meaningful professional networks equips the agents of the developing countries with the tools needed to monitor innovation. Simultaneously, ITTI's model focuses on setting-up and supporting the countries' institutional technology transfer capacity, for which those trained individuals go back to support and further educate. Gaining the ability to monitor innovation, the developing countries can then move their development forward.

Without discounting the value of the traditional "workshop" or "long distance learning" models, ITTI's education model suggests that a long-term serious commitment from the collaborating parties is key for promoting solid and sustainable institutions, which in turn, will support the countries' IP infrastructure. Such sustainable infrastructure is key for the ability to cope with the needed biotechnology improvements of agricultural productivity, public health, industrial development, economic competitiveness, and environmental sustainability, which The World Bank's Forum and many others so seek to implement.

When you think of the county Poland, does technology transfer come to mind? Or even innovation? Probably not. Poland has gone through many challenges; one of the biggest challenges is the Communist regime, which finally ended in 1989. From 1989 to 1991 Poland was in recession and from 1992 to 1994 it started to recover. Finally from 1995 through 1997 there was a high growth in innovation. However, since then there has been a slowdown period.

Being born in Poland I took being apart of the ITTI Clinic to heart.  My family migrated to the United States in November 1988, when Poland was still under the Communist regime. My family went through many challenges and struggles, however we overcame many of those struggles. Poland as a country has been through a lot of struggles itself, however they somehow are holding on. My goal will be to discover and learned what kind of growth Poland was able to do after the Communist regime and what caused the slowdown period. Also Poland is not a developing country, but a country in transition. What I have discovered is the much of the aid is going towards universities. However there is a disconnect between universities and industry. Another goal of mine is to see how they are transforming and hopefully learn ways that I may be able to provide help. Also Poland joined the EU in 2004 and apart of my research will be how is the EU really aiding Poland, especially in innovation. Poland has the capacity of being an innovating country, it is my desire and passion to hopefully help the progression.