ITTI: The International Technology Transfer Institute at Pierce Law

WIPO Director Francis Gurry's Full Pledge to Help Strengthen Intellectual Property Rights in Vietnam

Thu, 11 Mar 2010 17:23:30 -0500

In January 2010, Francis Gurry, the Director General of World Intellectual Property Organization (WIPO), visited Vietnam and met with Vietnam's President Nguyen Minh Triet. WIPO is one of 16 specialized agencies of the United Nations and was set up in 1967 to promote the protection of intellectual property (IP) throughout the world. During his visit in Vietnam, Francis pledged WIPO's continuing support to help Vietnam develop its IP capacity to innovate and achieve sustainable economic growth. During the meeting, President Nguyen also reiterated Vietnam's commitment to protecting IP rights and establishing sustainable IP system that would allow Vietnam to shift away from an agricultural-based economy and to become a knowledge-based economy.

Gurry's unequivocal promise to support and strengthen Vietnam's national IP system is a welcoming sign to a country that has been plagued by a lack of human resources and funding to hold education programs on IP. Although Vietnam has become the 150^th member of the World Trade Organization (WTO) on January 11, 2007 and numerous economic legislations have since been introduced by the Vietnamese legislative body to match the WTO standard in IP protection and innovation, high-tech utilization in Vietnam remains very low at 2%, while other Asian countries such as Thailand, Malaysia and Singapore have flourished with a utilization rate of 30%, 51%, and 73%, respectively (see Tran Ngoc Hien, Social Changes in Vietnam Under Impacts of WTO Accession, Social Science Information Review, Vol. 1, No. 3, p. 4 (2007). Appendix B.).

Law universities in Vietnam also are limited in terms of providing IP education and research opportunities. It is reported that most university researchers and administrators lack legal capacity in understanding the basic IP issues. See Gregory D. Graff, Echoes of Bayh-Dole? A Survey of IP and Technology Transfer Policies in Emerging and Developing Economies, Intellectual Property Management in Health and Agricultural Innovation, a handbook of best practices (2007), vol. 1, p. 187. While the general public knows that Vietnam's National Assembly has enacted IP Law No. 50/2005, which provides key provisions of Vietnam's Patent Law, most do not understand the legal implication of the new law. Coupled with a lack of legal scholars and professionals to teach IP and the limited availability of legal education to those who possess an undergraduate law degree, there is a critical need for human resources in the field of IP, such as university scholars and professional IP lawyers, to promote the advancement and pursue the legal enforcement of IP rights in Vietnam.

Gurry's Vietnam visit will undoubtedly serve as an unwavering support and important incentive to a country that has been thirsty for international assistance in IP. Although the idea of protecting IP is not new to Vietnam, as it enacted the Civil Code in 1995, the first legislation introduced that pertains to IP protection, technology has continued to change globally on a lightning pace and the onset of the digital age has resulted in a whole new set of IP-related issues that require a well-managed national IP system in order to ensure that these new issues do not hamper and slow the country's economic growth.

Economic Growth in Poland

Tue, 02 Mar 2010 10:17:19 -0500

Many individuals do have their preconceived concepts about Poland. However, Poland is the only country within the European Union (EU) to have a economic growth of 1.2% during 2009. Gross Domestic Prodcut (GDP) is the basic measure of a country's overall economic output and Poland's GDP per head rose from 50% to 56% of the EU average. This is a record jump for Poland and actually making Poland Europe's ninth biggest economy.

Poland has been putting a lot of effort in improving relations with all its neighbors and even has a favourable security deal from the United States under President Barack Obama. Such favorable numbers and results are introducing foreign investors in Poland.

Clearly Poland is moving away from a economy in transistion. However, Poland is still not yet the knowledge-based economy. Regarding intellectual property (IP) rights, Poland still has not clear regulation at universities in Poland. Many Polish scientists are still focusing largely on publishing their discovery and findings to obtain further grants. This mostly likely refrains them from patenting their innovations. Also many universities still retain IP rights to all research conducted. This kind of policy has discouraged scientists from starting own start-ups and spin-offs.

That is slowly changing. In 2008 Poland adopted EU's Innovative Economy Operational Programme; using funds to focus on research and development of novel technologies and infrastrustures. Secondly the Poland Patent Office has been carrying out training sessions, promotion stands during fairs and exhibitions on patent information and industrial property protection. This is all a huge step in the right direction which will further the economic growth of Poland.

Botswana science, technology and innovation initiatives

Sun, 21 Feb 2010 16:01:54 -0500

Botswana has developed and progressed to the status of a middle income country mainly through mining and exportation of diamonds. Diamonds are the main source of revenue for Botswana and have financed infrastructural development, health, education and human resource development capacity. Though diamonds have created wealth for the country, there remains a challenge for the country to diversify its economy in order to reduce its dependence on diamonds which is a finite resource. Recognizing this challenge, the government has over the years developed initiatives to diversify the economy as well as enhancing the competitiveness of Botswana in the global market. One of the identified areas of focus is science, technology and innovation.

The Botswana Vision 2016 espouses the pillar of a prosperous, productive and innovative nation. In expounding on the pillar's demands the vision articulates that "Botswana must recognize the rapid international developments in science and technology that are re-shaping the societies of the world. While much can be borrowed from other countries, we will need to look within our own resources and culture to find the sources of innovation that will allow us to shape our future. The vision strategy must ensure adequate investment in the development of technology" Presidential Task Group, Vision 2016, 1997. The country has developed some initiatives to support the pillar and among such ambitious project is the establishment of the Botswana Innovation Hub.

In his 2009 State of the Nation address, the President of the Republic of Botswana also highlighted the importance of the country's vision in moving the country forward in the field of innovation. He said "It is our vision that Botswana will become a nation in which most of our citizens are engaged in knowledge based jobs. In keeping with this vision, we have been establishing an Innovation Hub as a commercial nexus for knowledge creation and innovation. The hub will cater for Information, Communication and Technology (ICT)as well as research and development companies serving the local and international market." http://www.gov.bw/cgibin/news.cgi?d=20091113&i=State_of_the_Nation_address_by_President_Khama_to_the_first_session_of_the_tenth_Parliament. The Innovation Hub when fully operational will provide an attractive location for technology driven and knowledge intensive business to develop and compete in the global market. Its focus sectors include Information, Communication and Technology, Mining technologies, energy and environment and Biotechnology. http://www.bih.co.bw.

Other initiatives in the development of science and technology involve a bold and expensive development of the Botswana International University of Science and Technology. The United Nations Development Programme (UNDP) in 2005 conducted a study related to science and technology in Botswana and among its recommendations was a call for increased funding for university level scientific research in Botswana. Also highlighted in the report was the fact that the country has not taken advantage of its strong economy and a high tech information and communications infrastructure to develop science and technology.http://www.scidev.net/en/science-and-innovation-policy/news/Botswana-begins-building-new-s-t-university.html. Following the recommendations from the UNDP report, government approved plans for the development of the second university in the country which is a public and private sector partnership. It is anticipated that the university will produce graduates who will better serve the various industries in the science and technology field.

During the month of January, the Ministry of Infrastructure, Science and Technology through the Department of Research Science and Technology held a technology transfer Capacity Development Programme workshop in conjunction with the German VDI/VDE Innovation Consultants. The workshop's objectives were to share national experiences on implementation of technology transfer interventions, defining Botswana technology transfer needs, exploring the role of stakeholders and determining extend of support for a technology transfer development programme for Southern African countries. Participants to the workshop were drawn from academic institutions, business community, citizen economic empowerment agencies such as Citizen Economic Development Agency, Local Enterprise Authority and Research Science and Technology Agencies such as Rural Industries Promotion Company, Botswana Technology Center and National Food Technology Research Center. Editor, Botswana Gazette, 22/01/2010. These workshops are further affirmation of the importance that the government attaches to science, technology and innovation and the commitment adopted by various departments to move it forward. One cannot ignore the political will of the leaders in Botswana, who have embraced science, technology and innovation as another engine of growth that can help diversify the economy as well as improve the livelihoods of the citizens of Botswana. The inclusion of science and technology initiatives in the national vision 2016 and in the National Development Plan compels all relevant stakeholders to play their role in advancing the objectives envisaged for science, technology and innovation in Botswana. More can be done and more needs to be done but the important thing is how the country moves forward in creating and achieving tangible milestones in the field of science and technology for the greater benefit of the citizens of the country. A next step should entail strategically designed, specific capacity building initiatives which will drive sustainable STI development into the 21st century, and position Botswana as a regional knowledge centre in Southern Africa. These initiatives must include investing in building human and institutional capacity and capability in intellectual property and technology transfer. A national hub, which consolidates talent and resources, might be one such way to implement such a development strategy.

Biodiversity and GMO in Vietnam

Mon, 07 Dec 2009 14:05:09 -0500

Vietnam became a member of the Convention of Biological Diversity (CBD) in 1994. Vietnam has a rich diversity of species and is counted as one of the mega-diverse countries. However, biodiversity in Vietnam is in danger. The number of endangered species of fauna and flora has been increasing since 2000. The factors causing this situation include population boom, economic policy, farmland expansion, over exploitation, forest fire, infrastructure construction, illegal wildlife trade, environment pollution, and alien invasive species. Gene flow from genetically modified organisms (GMOs) also can pose danger on biodiversity.

In order to fulfill the obligations of a CBD member, the first National Biodiversity Action Plan was approved in 1995. On May 31, 2007, Vietnam's Prime Minister approved the second Action Plan (Decree No. 79/2007/QD-TTg, National Action Plan on Biological Diversity to 2010 and the Strategy for implementation of the Convention on Biological Diversity and the Cartagena Protocol on Biodiversity to 2020). The 2007 Action Plan covers management of GMOs. Vietnam's target set for 2010 include conducting risk assessments, labeling, and monitoring and inspecting of all GMOs marketed in Vietnam.

In order to preserve biodiversity, the Government enacted Biodiversity Law (No. 20/2008/QH12) in November 2008. Chapter 5, Part 3 of the Biodiversity Law has 4 articles (Art. 65-68) on risk management of GMOs. For the implementation of Chapter 5, Part 3, the Ministry of Natural Resources and Environment (MoNRE) and other relevant ministries are drafting Biosafety Decree.

USPTO's Annual Performance Report for 2009

Mon, 07 Dec 2009 00:54:28 -0500

In FY 2006, the United States Patent & Trademark Office launched a comprehensive strategic planning process. The strategic planning process was launched to help focus the USPTO's energy, to ensure that members of the organization are working toward the same goals, and to assess and adjust the organization's direction in response to a changing environment. This effort involves setting goals, and developing objectives for achieving those goals. As part of the strategic planning process, the USPTO's executive leadership team sought a broad range of perspectives from interested parties, including the Patent Public Advisory Committee, the Trademark Public Advisory Committee, members of the public, stakeholders, and employees. A draft plan was posted on the USPTO Web site, and a notice announcing its availability for review and comment was published in the Federal Register. The draft plan was also reviewed by Congress. The results of the input received from employees and stakeholders were summarized and discussed by the leadership team, which formulated the final version of the 2007-2012 Strategic Plan. The final version of the 2007-2012 Strategic Plan, which was released in March of 2007, then becomes a part of the annual budget request along with an annual performance plan and report.

In support of the Department of Commerce's strategic objective to "protect intellectual property and improve the patent and trademark systems," the USPTO established three strategic goals and a management goal to guide its policies and operations over the next five years. One of the three strategic goals ("Strategic Goal #3") is to improve IP protection and enforcement domestically and abroad. The objectives to achieving Strategic Goal #3 include: (1) supporting efforts and initiatives aimed at strengthening IP protection and curbing theft of IP; (2) continuing efforts to developing unified standards for international IP practice; (3) providing policy guidance on domestic IP issues; and (4) fostering innovation and competitiveness by delivering IP information and education worldwide.

According to the newly released USPTO's Performance and Accountability Report, in 2009, USPTO provided training to more than 2,226 officials from 128 countries on a variety of topics, including IP protection and enforcement, and technology transfer. USPTO also initiated a new pilot program exposing patent officials from other countries to the USPTO Patent Training Academy's patent examiner training program. The six-month long International Examiners in Residence (IEIR) Program included most of the Patent Training Academy's new examiner training curriculum. In addition, the IEIR covered other IP topics, such as copyright, trademark, and enforcement issues. In order to provide a full perspective of the U.S. IP system, the IEIR also included visits to the BPAI, the Federal District Court of the Eastern District of Virginia, the Court of Appeals for the Federal Circuit, and the Supreme Court to witness oral hearings at each of these judicial proceedings. Eight patent examiners in various technologies from the patent offices in China, Germany, Korea, and Saudi Arabia participated in the pilot program.

In the area of enforcement, in 2009, USPTO organized and hosted two joint Asian-Pacific Economic Cooperation (APEC) - Association of South East Asian Nations (ASEAN) - Pacific Island Forum (PIF) capacity building events, namely, the Colloquium for Public Prosecutors and the Judiciary on IPR Enforcement in Kuala Lumpur, Malaysia, and the Workshop on the Border Enforcement of Intellectual Property Rights in Honolulu, Hawaii. USPTO also conducted a two-week study tour program on IPR enforcement and the U.S. legal system for twenty-three (23) foreign government judges and prosecutors. These are just a few examples of the wide range of programs the USPTO delivered both in the United States and overseas in 2009.

The full 2009 Performance and Accountability Report can be accessed here:

http://www.uspto.gov/about/stratplan/ar/2009/2009annualreport.pdf

Global Intellectual Property Academy at the USPTO

Wed, 02 Dec 2009 15:34:01 -0500

In an effort to provide a more robust system for the provision of IP-related technical assistance to developing and least-developed countries, the USPTO has established the Global Intellectual Property Academy (GIPA) that functions to provide IPR training, capacity building, technical assistance as well as to create multilateral programs and country specific programs in U.S. and abroad. In 2007, the USPTO completed construction of GIPA that includes a 20,000 square-foot training facility at its headquarters in Alexandria, Virginia. Since then, the USPTO has held many global IP training seminars and sessions. Through this dedicated space, the USPTO delivers targeted training to foreign IP officials that include foreign IP office administrators, examiners, judges, prosecutors, customs officers, and other government officials.

One primary focus of GIPA is to offer capacity building and IP training programs in the U.S. and around the world on IP protection, enforcement, and capitalization. In delivering capacity building programs, GIPA works closely with other U.S. government agencies, trading partners and international organizations. For example, GIPA works with several other U.S. government agencies to provide adequate technical cooperation and assistance to developing countries. Such agencies include, for example, the U.S. Department of Justice (DOJ), which focuses technical cooperation activities on providing strong IP enforcement; the U.S. Library of Congress Copyright Office, which provides technical assistance to help developing countries to developing and improve their copyright laws and enforcement mechanisms to address copyright infringements; the Department of Homeland Security Bureau of Customs and Border Protection (CBP), which provides assistance on custom law and border enforcement; the U.S. Agency for International Development (USAID), which funds and implements IP technical assistance generally as part of broader trade capacity-building programs at country level; and the Office of the U.S. Trade Representative (USTR), which enables developing countries to negotiate and implement market-opening and reform-oriented trade agreements as a critical part of trade capacity building.

The Structure of Thailand's Central Technology Licensing Office

Tue, 01 Dec 2009 17:32:59 -0500

Thailand's largest government research center, the National Science and Technology Development Agency (NSTDA) manages all of its IP through the NSTDA Technology Licensing Office (TLO). The TLO is the largest collection of IP management professionals in Thailand. These professionals work to manage, advise and commercialize the intellectual property coming out of the NSTDA. The goal of the TLO is to increase IP awareness, and encourage commercialization of IP to create jobs and increase the well-being of the populace.

The TLO is broken up into three different sections: The IP Management section, IP Law section and the IP Commercialization Section. Each section is staffed with highly educated professionals who work to harness the innovation of the Thai People.

The IP Management section serves to evaluate, manage and acquire IP protection. This involves evaluating the patentability of new innovations, acquiring patent and other IP protection, and manage this IP through licensing and the like.

The IP Law section serves as an advisory group for workers at the NSTDA and the TLO. The members of the IP law section are highly educated in the IP field and are fully capable of providing sound advise regarding IP law.

The IP Commercialization section serves to assist in the commercialization of newly acquired IP. This involves setting up startup companies, and helping these companies get off the ground, utilizing IP as their main asset.

When these three groups work together, they form a powerful team that utilizes intellectual property to foster Thai innovation, create new jobs, and bring new technologies to the Thai people.

For more information, visit the NSTDA TLO website at: http://tmc.nstda.or.th/tlo/main.php?filename=index_eng

Nigeria - Today!

Thu, 26 Nov 2009 15:11:23 -0500

Nigerians like to say that not knowing Nigeria is like not knowing Africa. With a population reaching almost 150 million, Nigeria is the most populated country in the continent. Like many other African nations, disease, poverty and corruption burden its ability to develop and prosper. Although proportionally HIV/AIDS affects only 3.1% of its adult population, the number of people living with HIV/AIDS in Nigeria reaches 2.6 million, the second highest in the continent. Malaria affects 75% of its population, and claims 300,000 of its children each year. Its average yearly per capita income stands currently on $2,400, a fact, which puts most of its citizens below the poverty line. While one could go on and on with this grim picture of Nigeria, in the past decade signs of a different Nigeria emerges.

Simultaneously with the peaceful transfer from military to civilian rule in 1999, Nigeria has set its National Space and Research Agency. In 2003 the agency launched its first satellite and after few more launches, it is preparing to launch the first Nigerian astronaut to space by year 2015. Since the first production of a Nigerian film in 1960, Nollywood, the Nigerian film industry, reached in year 2008 top second worldwide in number of productions, slightly trailing Bollywood and way ahead of Hollywood. Today, Nigeria's education and research system includes 95 universities, 125 polytechnics, and 200 research institutions. Understanding that proactive measures are needed, Nigeria began in 2003 a privatization campaign. After privatizing its national telephone company, which managed in its 30 years of operation to set a total of 4500 telephone lines (in a country of more than 140 million), it reached in 2006, 32 million GSM accounts. Inflation reached by 2006 a single digit and its yearly GDP ranked at 6.5%, while the "recommended" OECD measure stood on 2.5%. Nigeria reduced its foreign debt, and the Foreign Direct Investment (FDI) grew from $6 to $18 billion. The Nigerian stock market reported 40% returns on investments in 2006, and Goldman Sachs forecasted in 2003 that by year 2050, Nigeria would be among the most economically successful nations worldwide.

Nigeria's leaders recognize the value of intellectual property (IP) and its potential in pushing the Nigerian economy forward. Quoted in the Daily Sun, President Yar'Adua said that "commercialization of research products is key to achieving Vision 2020...not commercializing means that we import everything we need." (4/30/09). Addressing issues such as macro-economy, infrastructure, education, health, agriculture and manufacturing, Nigeria's leaders hope that by year 2020 the country will be peaceful, harmonious and a stable democracy. Vision 2020 is their plan for reaching this goal. http://www.nv2020.org/.

Further proof for Nigeria's leaders' understanding of the importance of intellectual property and technology transfer to its economy was manifested in a recent meeting between WIPO's Director General, Mr. Francis Gurry, and Nigeria's President, in early September. President Yar'Adua confirmed that "Nigeria is fully committed to the ideals of WIPO and the protection and enforcement of IPR." The President also urged WIPO's DG to establish a training institute in the country in partnership with the Nigeria government. All Africa.com 9/2/09.

President Obama nominated Dr. Rajiv Shah as USAID Administrator

Thu, 19 Nov 2009 12:06:47 -0500

On November 10, President Obama announced his nomination of Dr. Rajiv Shah for Administrator of the United States Agency for International Development. Dr. Shah currently works at the U.S. Department of Agriculture as Chief Scientist and Under Secretary for Research, Education and Economics. While at USDA, Dr. Shah has directed the start of the National Institute of Food and Agriculture, an organization focused on bioenergy, sustainable food production, and nutrition.

Dr. Shah previously was the Director of Agricultural Development at the Bill and Melinda Gates Foundation. In this role, he oversaw the management of a global vaccination fund. Dr. Shah also was a health care policy advisor for Gore's presidential campaign in 2000.

Dr. Shah earned his M.D. from the University of Pennsylvania Medical School and a Master of Science in health economics at the Wharton School of Business. He is a graduate of University of Michigan. Several organizations have welcomed President Obama's selection of Dr. Shah and believe that Dr. Shah has the experience and necessary skills to be a great leader in global development.

For further information, please follow this link:

http://www.whitehouse.gov/the-press-office/president-obama-announces-usaid-administrator

References:

"Ex-Gates Foundation exec named foreign aid chief", Matthew Lee and Julie Pace, The Boston Globe, November 10, 2009, http://tiny.cc/3655E

"President Obama Announces UASAID Administrator" Office of the Press Secretary, November 10, 2009, http://www.whitehouse.gov/the-press-office/president-obama-announces-usaid-administrator

Knowledge and Innovation Technology Transfer (KITT)

Wed, 18 Nov 2009 22:39:27 -0500

"KITT", which stands for Knowledge and Innovation Technology Transfer is a "machine" designed to do two things:

Instill Technology Transfer knowledge; and
Support the set-up of sustainable institutions in developing countries.

The concept behind this "machine" is:

Find a developing country that is needs to boost its technology transfer capacity.
Identify partners within the country.
With their help, identify candidates to be put in the "machine."
Pursue discussion with partners regarding their needs, while candidates receive IP/TT education.
Address these needs together with the candidates.
Upon the candidates return to the home-country, support them with the set-up of the TTO.
Quality control - follow-up meetings and conferences.

Putting the moral and social validity of such a model aside, we should pursue it because:

It fits with the International Technology Transfer Institute's (ITTI) and Franklin Pierce Law Center's (FPLC) mission.
It seems to answer for the current needs of developing countries.
It has potential in generating a steady body of students.
It promotes a positive U.S. image around the globe and does more to promote our economy and our national security than the use of traditional foreign policy tactics.
Whether KITT manages to satisfy any of the above points or all of them, it promotes ITTI's name and credibility, and therefore FPLC's as well.

Vietnam: Current law on technology transfer

Wed, 18 Nov 2009 10:18:17 -0500

Law on Technology Transfer, No. 80-2006-QH11 (LTT) was enacted on November 29, 2006, and became effective on July 01, 2007. The purpose of LTT is to regulate "technology transfer activities in Vietnam, from Vietnam to overseas, and from overseas to Vietnam" (LTT Article 1).

Before LTT was enacted, technology transfer in Vietnam was regulated by Decree No.11/2005/ND-CP (Decree 11), which was enacted on February 2, 2005. Although Decree 11 listed transferable and non-transferable technologies, the definition of "technology" was unclear. Under Decree 11, some restrictions were imposed on technology transfer agreements (TTAs). First, TTAs must be in writing and documents must be written in Vietnamese. If a party to the agreement is a foreign individual or organization, it is allowed to use commonly used language, such as English, in addition to Vietnamese. Second, except for some special cases, the duration of the agreement must be up to 7 years from the effective date of the agreement. Third, agreements on technology transfer to and from abroad must be registered. Such agreements become effective from the date of the registration.

LTT replaced Decree 11 and consolidated regulations on technology transfer. Unlike Decree 11, LTT clarifies the definition of terms used in the law. For example, "technology" is defined as "solutions, processes and technical know-how, whether attached or unattached to tools and facilities, used to convert resources into products" (LTT Article 3, Section 2). Compared to Decree 11, LTT gives more flexibility to TTAs. Under LTT, a form of an agreement may be in writing or "some other written form with equivalent validity such as a telegram, telex, facsimile or data message or other form as stipulated by law" (LTT Article 14, Section 1). LTT allows contracting parties to choose the language of a TTA (LTT Article 14, Section 2). LTT also abolished the strict restrictions on the duration of TTAs. Moreover, under LTT, parties can agree on the effective date of the TTA (LTT Article 19, Section 1) and have no obligation to register the agreement (LTT Article 25, Section 1).

The full text of Decree 11 is available at: http://www.business.gov.vn/assets/f2baded2ce6642099c9714237d58832a.pdf

The full text of LTT is available at: http://www.alnguyen.com.vn/docs/images/04%20Law%20on%20TechnologyTransfer%202006.pdf

WIPO Presents Global Leader in IP Award to Thai King

Tue, 10 Nov 2009 10:16:10 -0500

Last January, WIPO Director Francis Gurry Presented a Global Leader In Intellectual Property award to the King of Thailand: King Bhumibol Adulyadej. This is a great recognition for Thailand, and provides an opportunity for WIPO to develop ties and assist Thailand in developing their IP and IP management regimes.

King Adulyadej is an accomplished inventor and artist. He holds copyrights in over 1,000 artistic works, and holds 20 patents and 19 trademarks. His copyrighted works include visual, musical and literary works. His patents are generally directed to innovations that help rural Thai citizens such as a water aerator which can conserve and purify water, and artificial rainmaking technology.

By presenting this award, WIPO publicly acknowledges the value of innovation and intellectual property in Thailand. This award showcases The King's leading by example. His works, intellectual property and the corresponding award sends a positive message to other Thai inventors that it is important to patent, utilize and commercialize their innovations to encourage technological development. WIPO Director Gurry stated: "In sharing the fruits of your creativity in the form of invention and musical and artistic works, Your Majesty has not only demonstrated the power of intellectual property to enrich and enhance the quality of daily life and work but has also encouraged people everywhere to create, respect and protect it."

The presentation of this award to the Thai King was also a wonderful opportunity for WIPO to have an audience with the Thai King, Prime Minister and other government officials to discuss intellectual property capacity goals, the role of IP in development, and how these goals can be implemented. Thailand has committed to using IP to further their economic development, and to implement the WIPO Development Agenda.

Thailand is certainly on the right path by committing to developing their IP programs and increasing their IP management capacity. This is an exciting time in their development.

The press release can be seen at: http://www.wipo.int/pressroom/en/articles/2009/article_0001.html

"Striking The Appropriate Balance: The Defense Department's Expanding Role in Foreign Assistance" [1]

Sat, 07 Nov 2009 11:48:35 -0500

The House of Representatives Committee on Foreign Affairs met on March 18, 2009 to examine the appropriate role of the Defense Department in foreign assistance. Committee Chair Howard L. Berman started the meeting by addressing some issues of concern: "And what are the implications of putting a military face on development and humanitarian activities? How does this affect the way we are viewed in the world, and what is the practical impact on USAID's ability to carry out development projects?" [2]

Testimony from witnesses, including Philip L. Christenson, Former Assistant Administrator of USAID, Nancy Lindborg, President of Mercy Corps, General Michael W. Hagee, Former Commandant of the Marine Corps, suggests an imbalance of funding and support for the State Department and USAID, thereby creating a need for the military to undertake humanitarian programs.

General Michael W. Hagee recommended there to be "the integrated blend of defense, diplomacy, and development. But this strategic approach will only be effective if all three smart power pillars are coherent, coordinated, and adequately resourced." [3]

While Dr. Reuben E. Brigety, II, Director of the Sustainable Security Program, Center for American Progress Action Fund and Nancy Lindborg conveyed a concern of the Defense Department's impact on humanitarian assistance. Mr. Brigety wrote, "there are a series of disadvantages with the military's involvement in assistance missions. First, the focus on the performance of programs of tactical or strategic value can mean assistance efforts are directed to places of the greatest potential threat rather than places of the greatest human need." [4]

Furthermore, Dr. Reuben E. Brigety, II wrote in his prepared statement, "the military's growing involvement in this space risks the appearance of 'militarization' of America's foreign assistance. This is a perception which makes many of our partners - governments, NGOs, etc. - extremely uncomfortable ... (and) has real operational consequences in the field when implementing partners refuse to cooperate with the military, ... for fear of being linked to US foreign policy and losing their operational neutrality." [5]

Ms. Lindborg indicated, "When the lines blur between military and civilian actors, insecurity can increase for civilians." She also noted, "When NGO's are associated with the military, we are more likely to be perceived as a legitimate target, and so have a greater vulnerability. Our value and ability to work in insecure environments is thus further compromised." [6]

The testimonies and written statements provided a breadth of information, advice, and recommendations on how to address the issue, but there does not seem to be a simple solution.

For further information, please follow this link: http://www.internationalrelations.house.gov/hearing_notice.asp?id=1054

References

[1] Title of the House of Representatives Committee on Foreign Affairs Hearing on March 18, 2009. http://www.internationalrelations.house.gov/hearing_notice.asp?id=1054

[2] Statements made by Committee Chair Howard L. Berman during House of Representatives Committee on Foreign Affairs Hearing on March 18, 2009. http://www.internationalrelations.house.gov/hearing_notice.asp?id=1054

[3] General Michael W. Hagee's prepared statement for the House of Representatives Committee on Foreign Affairs Hearing on March 18, 2009. http://www.internationalrelations.house.gov/hearing_notice.asp?id=1054

[4] Dr. Reuben E. Brigety II's prepared statement for the House of Representatives Committee on Foreign Affairs Hearing on March 18, 2009. http://www.internationalrelations.house.gov/hearing_notice.asp?id=1054

[5] Id.

[6] Nancy Lindborg's prepared statement for the House of Representatives Committee on Foreign Affairs Hearing on March 18, 2009. http://www.internationalrelations.house.gov/hearing_notice.asp?id=1054

Thailand Continues to Rapidly Develop with its Accession to the PCT

Tue, 03 Nov 2009 14:18:36 -0500

Thailand has continued to further its rapid development of the past decade when, on September 24, 2009, Thailand acceded to the Patent Cooperation Treaty (PCT). Joining this treaty creates a direct and convenient route for foreign applicants to file patent applications in Thailand. Thailand Joins 142 other countries in this treaty. http://www.wipo.int/pressroom/en/articles/2009/article_0040.html

Thailand's joining this treaty sends a strong message supporting innovation. Soon, the country's market will be a more attractive and global system to attract investors who will want to protect their investments with patents. Thailand will likely attract more foreign patent applications, which will result in more innovation, and greater exposure to new technologies.

The PCT allows applicants to file an international application which will face preliminary examination, streamlining and simplifying international patent filing. Applicants then elect what countries they would like to file their patents in.

Certificates of Origin - An Updated Better Approach over Mandatory Disclosure Policy?

Mon, 02 Nov 2009 21:42:10 -0500

As introduced in the previous entry, some countries in the world have adopted mandatory disclosure requirement for patent applications which involve genetic resources to promote access and benefit sharing (ABS) despite the controversies. The certificate of origin approach is similar to the mandatory disclosure policy. However, instead of mandating patent applicants to disclose the origin of genetic resources by themselves, this approach requires a certificate from the relevant authority where the genetic resources (and associated traditional knowledge) are acquired as a proven that they are obtained in compliance with the laws and regulations of the place of origin. Will it work better? That is the question.

To begin with, let's have a look at its bright side. First, this approach requires prior informed consent (PIC) of the genetic resources and traditional knowledge holders. This is better because the mandatory disclosure policy as such cannot stop patent applicants from taking advantage of the genetic resources without the owners' consent as long as the information is disclosed. And therefore, certificates of origin, to some degree, prevent biopiracy. Moreover, compared to the mandatory disclosure approach, certificate of origin concept will significantly reduce the workload of the patent office to verify the reliability and accuracy of the disclosed information. With creditable certificates, the patent office doesn't need to track the information all the way down to the source of origin. Finally, this approach can go even further beyond the governmental authority, and extend the granting power to certain levels of organizations, research institutions, botanical gardens and etc. where the genetic resources are found ex situ. And that will greatly increase the efficiency of the whole procedure, while promoting access of the genetic resources.

Unfortunately, certificate of origin approach has disadvantages as well. First, although it promotes PIC, what if the genetic resources owner is unreasonable? If the local authority asks an unreasonable price in exchange of the certificates for the patent, it will actually deter the access of genetic resources and counteract the concept of ABS. Despite Convention on Biological Diversity (CBD) recognized countries' sovereign right of ownership of genetic resources, relationship between nations on this issue are complicated. Furthermore, when other issues (i.e. politics, economy and corruption) get involved, certificate of origin approach will become an obstacle to access genetic resources and traditional knowledge. It may prevent biobiracy, on the other hand, it blocks goodwill as well.

Second, although the workload of the patent office will be reduced compare with the mandatory disclosure approach, the credibility of the certificate information might be an issue. In other words, someone has to track down the information, either the patent office or others. This approach shifts this burden from the patent office to someone else such as the local authorities. However, the credibility of the authorities might not be as high as what they are supposed to be. This is a serious problem in many developing countries. And it becomes more problematic when international business is involved. Even worse, when the certificate issuing authorities are granted to different levels of non-governmental organizations, the credibility will unsurprisingly deteriorate. If the certificate becomes unreliable, this approach will be actually void.

Moreover, depending on local situation, applying a certificate may take a long time, which will cause serious issue for modern first filing patent system.

To sum up, like what happened to the mandatory disclosure policy, it appears that the world is just not ready for the certificate of origin concept yet. Until it is ratified by authorities and cooperated by other policies, certificate of origin policy isn't very practical. And ITTI doesn't expect it to be widely adopted by countries in the near future.