Call for Proposals: Accessing Patented Knowledge for Innovation,
11/07
International Development Research Centre (IDRC)
Call for Proposals "Accessing Patented Knowledge for Innovation"
The Innovation, Technology and Society Program at IDRC is issuing a Call for Proposals on
the subject "Accessing Patented Knowledge for Innovation". Proposals should address how
developing countries can access technologies and information contained in existing patents
to enhance innovative research at the national level.
Closing date is November 30, 2007.
Call for Proposals
On the path to development many emerging nations focused on importing scientific and
technical knowledge from other countries. Following that, they tried to copy and master
it. Working and re-working existing knowledge rather than creating new knowledge through
research is a predominant activity in innovation. As many technologies and much knowledge
are proprietary in nature and form the subject matter of patents owned by foreign
entities, a key national policy instrument is the intellectual property rights regime. How
it reflects and balances relevant international commitments with the goal of advancing the
economic and social rights of its citizens is crucial in promoting their best
interests.
This is a Call for Proposals on how developing countries can access technologies and
information contained in existing patents to enhance innovative research at the national
level. Proposals can be made under any one of the following three headings:
1. THE RESEARCH EXEMPTION: Article 30 of TRIPS permits exceptions to the exclusive
rights of the patent-holder providing it is limited, does not prejudice the
patent-holder?s legitimate interests or conflict with its normal exploitation of the
patent. This can include research on patented technology. In some countries it also
includes research aimed at the early introduction of patented medicines.
The research exemption is articulated differently in different national legal systems.
It can either be contained in a national statute or arise in the common law. Usually it
applies to all categories of researchers, though in a few countries is limited to private
or academic researchers. Many developing country laws characterize the exemption as being
for experiment, others for scientific purposes, and some for education. Some countries
specifically exclude commercial purposes. Others say it can be for technological purposes,
which points to applied and perhaps eventual commercial use. Some countries have the
so-called Bolar exemption that permits using the technology with the aim of obtaining
prior approval from health regulators for a generic product prior to the expiration of the
patent.
It is the diversity of formulations that give rise to the suggestion that the research
exemption is not formulated with sufficient breadth to take advantage of its potential as
a spur to innovation. Studies indicate that the pre-existence of a patent may diminish
research in a given area due to the fear of litigation, the high cost of royalties and the
complexity of licensing arrangements.
Proposals could address these or other questions:
What is the real impact of the research exemption on research in key sectors for
developing countries?
Is the productivity of international research networks being reduced by restrictive
formulations of the research exemption in developed countries?
How is the research exemption best expressed to promote innovation and development-related
research and to what extent have developing countries used the exemption?
2. COMPULSORY LICENCES: Article 31 of TRIPS provides for States to grant a compulsory
licence only where efforts have been unsuccessful to obtain one on reasonable commercial
terms. Exceptions to this are cases of national emergency or other extreme urgency or in
cases of public non-commercial use. The license must be non-exclusive, limited in time and
scope, and predominantly to supply the domestic market. The owner must be adequately
compensated. In policy terms, compulsory licensing is desirable to control high prices on
such things as medicines and text books, to break anti-competitive behaviour, to ensure a
market is sufficiently supplied, to ensure a patent is exploited, to address an emergency,
to address issues relating to dependent patents, and to establish a research or industrial
base.
Proposals could address these or other questions:
How can the right to a compulsory license be most effectively and liberally framed to
permit access to technology for research?
How should developing countries implement the Doha Declaration permitting access to
patented technologies when facing a health crisis?
Is the patenting of platform technologies preventing work on whole families of inventions?
What measures can be taken to overcome that?
What is the significance of the patents on research tools for use in sectors that are key
for developing countries? What can be done to ensure their availability, especially to
publicly funded organizations?
3. PATENT POOLS: A patent pool is an agreement between patent-holders to license their
respective patents to one another or to third parties on a non-exclusive basis. It can be
done directly or through an intermediary. Patent pools can be mandated by government or
arranged by industry where patent thickets have developed rendering technological progress
difficult; historically this occurred in the aircraft and sewing machine industries. In
biotechnology they have been considered as a means of addressing the perceived
difficulties created by a growing interdependence among gene patents owned by multiple
patent holders and increasingly burdensome transaction costs associated with gene patent
licences. In general, patent pools can help integrate complementary technologies, reduce
transaction costs, clear blocking positions, avoid costly litigation and promote
dissemination.
Patent clearing-houses are special patent pools that cover a particularly broad range
of technologies and are more likely to rely on a single entity to coordinate the
administrative functions. They provide information about the patented technologies and
often feature knowledgeable industry participants able to divide the patents into
appropriate categories. They may also provide an arbitration mechanism for monitoring and
enforcing contracts.
Proposals might address these or other questions:
What low-margin research in developing countries would be promoted through the use of
patent pools?
To what extent can patent pooling address some of the key challenges that IPRs may pose
for development-related research such as in the health sector?
In what circumstances should patent pooling be mandated by government to permit innovative
research?
What has been the impact of patent clearing-houses, how can developing countries best
benefit from them, and what can be done to establish and sustain them?
HOW TO APPLY
This call for proposals is limited to developing country institutions.
The lead researcher and key members of the team should be citizens or residents of a
developing country.
Six grants of approximately $75,000 Canadian will be made after the close of the
competition on November 30, 2007.
Applications will be judged by IDRC.
Applications should be made electronically in the format of the competition application form found at <http://www.idrc.ca/en/ev-112535-201-1-DO_TOPIC.html>www.idrc.ca/intellectual-property and sent by email to <mailto:intellectual-property-rights@idrc.ca>intellectual-property-rights@idrc.ca.
Applicants are strongly encouraged to read the following background paper entitled ?Accessing Patented Knowledge for Innovation? to assist in addressing the issues. The document can be accessed from <http://www.idrc.ca/en/ev-112535-201-1-DO_TOPIC.html>www.idrc.ca/intellectual-property.
Document(s)
<http://www.idrc.ca/intellectual-property/ev-113393-201-1-DO_TOPIC.html>Call for Proposals - Accessing Patented Knowledge for Innovation 2007-06-27
This CFP can be downloaded in PDF format. <http://www.idrc.ca/uploads/user-S/11829737431IPR-CFP-English.pdf>Open file
<http://www.idrc.ca/intellectual-property/ev-113395-201-1-DO_TOPIC.html>Application form 2007-06-27
Fill out the application form and submit by email to intellectual-property-rights@idrc.ca. <http://www.idrc.ca/uploads/user-S/11829777641Application_Form_IDRC-CFP-2007.doc>Open file
<http://www.idrc.ca/intellectual-property/ev-113392-201-1-DO_TOPIC.html>Background Paper on Accessing Patented Knowledge for Innovation 2007-06-27
Applicants are strongly encouraged to read this background paper to assist in addressing the issues of this call for proposals. <http://www.idrc.ca/uploads/user-S/11829736311Background_paper_on_Accessing_Patented_Knowledge_for_Innovation.pdf>Open file
Robert Robertson
IDRC
Special Advisor (Law and Development)
Email: rrobertson@idrc.ca
Page Editor: Ali B. Ali-Dinar, Ph.D.