Providing information, engaging other organizations, stimulating discussions
Participants in PIPRA are still discussing many of the details of their collaboration, but are moving forward with several activities that will initiate some of the changes they feel are needed and that will inform the further debate. Current activities of PIPRA include:
This activity involves exploring and clarifying the implications of public sector IP licensing practices and seeking a series of "best practices" that will encourage the greatest commercial development of publicly funded research innovations while also retaining rights that public research institutions need to fulfill their mission of research for the broader public benefit.
There are several efforts under way to develop databases of patented agricultural technologies so that public-sector researchers can be informed about freedom to operate obstacles at the initiation of their research. Two important initiatives are the database under development at the U.S. Department of Agriculture's Economic Research Service, and at the Center for Application of Molecular Biology in Agriculture (CAMBIA), located in Australia (www.cambiaip.org). These efforts, though extremely valuable, lack important information about the most current licensing status of patented technologies. PIPRA will complement them by developing a common database that provides an overview of IPR currently held by the public sector, including up-to-date information about licensing statuses.
PIPRA is exploring the possibility of making technology "packages" available to member institutions and to the private sector for commercial licensing or for designated humanitarian or special use. Patent pools have been used effectively to expedite the development of more than 70 technologies with significant societal impact, including farm implements and digital videodisks. Using the collective public IP asset base to make complementary sets of key technologies available should help public sector researchers obtain freedom to operate in crop biotechnology and significantly reduce the transaction costs now associated with negotiating the large number of licenses required to develop a new crop variety.
Participating institutions are exploring the development of several pilot projects to illustrate how the strategy of retaining rights in licensing and other agreements, together with sharing information about the technologies that are available for specialty or staple crop applications will help facilitate the development and commercialization of such crops.
As participants are working on several specific activities that will constitute the building blocks of their collaborative strategies, they are contemplating the future of the initiative. PIPRA participants are exploring possible business models that include discussions regarding: who will be members of PIPRA; what commitments are required of members; who will be able to use services provided by PIPRA; and many other questions that need to be resolved in order to achieve the important goals of this initiative.
Engaging additional public sector institutions
To broaden the discussions about the initiative and about agricultural IP issues in general, PIPRA participants are informing their colleagues at their institutions and at other public sector organizations, and soliciting their comments and suggestions. They welcome participation by additional institutions from the US or from other countries.
Informing and engaging scientists
Participants are also providing scientists in their institutions with information on how they may benefit from this initiative. For instance, scientists can benefit from the database that is currently under development. This database will provide researchers with a single source of information on public sector agricultural technologies that are available, technically feasible, and have the fewest IP constraints possible. In the future, this database might also identify or even license packages of technologies that can be used for plant genetic research and development. This would make it possible for researchers to conduct their work in a way that makes it much easier to develop and distribute better crops for farmers and consumers around the world.
Informing the public
New agricultural technologies can have significant benefits for humankind. Different applications of new technologies in agricultural research and development can help address some of the very complex problems that poor farmers in developing countries or farmers (large and small) in the developed world are facing. Several of these problems have been difficult, if not impossible, to address with conventional agricultural research methods.
For instance, researchers are applying new technologies to develop crop varieties that are more resistant to insects or weeds, or can grow in dry areas or areas with low soil fertility. As a result of such varieties, researchers can help reduce the impacts of agriculture on the environment and help feed more people. PIPRA participants want to ensure that the new technologies can used to have the greatest benefit to the public as possible. PIPRA participants are beginning to inform the public in their states about the initiative.
PIPRA participants recognize that adequate regulatory mechanisms to ensure the safety of improved crop varieties are critically important. They acknowledge the need for testing, regulatory oversight and approval of new, improved products that have been developed with biotechnology. However, they believe that people can greatly benefit from the applications of those new technologies.
Engaging private sector organizations
Companies (large and small) play an important role in agricultural research, development and distribution of products. They may, for instance, fund research projects, or take university inventions and develop them into new, improved crop varieties and sell them to farmers. Small seed companies in developing countries play an important role in adapting improved crop varieties to local conditions, and using their marketing network to distribute those seeds to farmers. Participating institutions believe that companies in developed and developing countries can benefit from the strategies PIPRA is developing, because it will allow those companies easier access to new inventions that have been developed in the public sector. Several informal conversations have taken place to inform companies about the initiative, and PIPRA participants intend to continue to discuss the initiative with their private sector partners.
Informing farmers and commodity groups
PIPRA institutions are beginning to discuss the initiative with commodity groups that represent crop growers and companies that develop and distribute plant seeds and many other agricultural products. Commodity groups in the US have been involved in funding agricultural research at universities. PIPRA participants believe that the initiative will provide a significant benefit to commodity groups and farmers in the US. In the current situation it can be very difficult (and expensive) to identify who the owners are of the components and technologies that were used to develop a new crop variety, and to negotiate agreements with those IP owners. By encouraging researchers to use technologies that have few IPRs attached, it will become easier to bring improved specialty crops to farmers and commodity groups.
Participants recognize that other issues also influence the cost of bringing an improved crop variety to market, especially if biotechnology has been used. For instance, the cost of getting regulatory approval in the US can be prohibitive. PIPRA, however, is currently not addressing issues relating to the cost of regulatory approval for such crops.
