Intellectual property (IP) and technology transfer

Models for interaction in the VSB network

Rosana Ceron Di GiorgioRosana.giorgio@bioetanol.org.brCentro de Ciência e Tecnologia do Bioetanol (CTBE)Workshop VSB, agosto/ 2009

Considerations

The most suitable models – pros and cons

Proposed solution

The network operation Role of the Mgmt Committee Role of CTBE Workflows

Considerations

ALL participants in the network will be allowed to “use” and “commercially explore” (by providing services) the system to be built together

ALL groups linked to research institutions and companies with know-how in the area may join the network at any time. This leads to an unlimited number of participants

Possible models

Placing technology in the public domain

Protecting the technology and licensing it in a non-exclusive basis to all network´s participants.

1. Public Domain

Advantages: All will have access There are safe ways to ensure that the technology falls

into the public domain, such as publications

Disadvantages: Those who do not participate in the network also will

have access Once in the public domain, you cannot go back Normally, at the beginning of an operation, the pros and

cons are not all clear and, therefore, it is not appropriate to adopt a permanent solution

2. IP Protection and non-exclusive license

Advantages: Better control of access important at the beginning of a

new operation Greater flexibility putting in the public domain will

remain possible further Greater control over the appropriate use of the system

built You can ensure that all participants in the network have

license to use and commercially exploit the results obtained through the network

2. IP Protection and non-exclusive license (cont)

Disadvantages: The IP must be protected to make the licensing possible

Someone will have to be the owner and license the results to the others

It will depend on the owner to provide the license to the participants of the network this can be assured by a previous contract

Proposed Solution

Composition of the two alternatives, plus an extension for participants who have previous IP (created outside the

network)

Proposed Solution (cont)

not “protectable” creations placed in the public domain (publication in the CTBE journal, patent application and abandonment, others)

“Protectable” creations patent application/SW registration on behalf of CTBE (maintaining the creator´s authorship) plus non exclusive and a free of charge license to the members of the network

Proposed Solution (cont)

The Management Committee will be in charge of deciding about to protect or not the invention. The participant/creator will have to express his/her opinion

External IP may be adopted if they add value to the network decision by the Mgmt Committee

Network Management

Management Committee

Composition suggested by CTBE (to be approved by the founding partners): 4 more institutions (1 representative from each subnet) CTBE

Coordinator: CTBE through the Superintendent of the Sugar Cane Virtual Biorefinery Program

Management Committee -Responsibilities

• Monitoring the R&D projects • Determination of the network operation rules • Formal support in the obtaining of funds to the R&D

projects• Allocation of specific responsibilities according to the

skills of the participants • Organization of meetings to democratize information

within the network

Responsibilities of CTBE

Application/ registration/ maintenance of the IP (BR and abroad)

Financing the IP protection Preparation and execution of contracts with the

participants in the network Publication of the network results, aiming their

destination into public domain

Responsibilities of CTBE (cont)

Organization and release of the results obtained inside the network, after their effective protection or destination into the public domain

Hosting and outsourcing of the VSB Maintenance/upgrade of the hosted system and support

to the users Negotiation with third parties who have previous IP,

which interest to the network

Admission to the network

end

beginning

Submission criteria defined by the Management Committee.

Important: aplicant MUST contribute with projects of interest to the network.

Institution (by wish or by invitation) submits an application

New participant signs an agreement agreeding with the network terms

and conditions

Management Committee analysesthe application

Accepted?

Submission concluded

end

s

n

Network Operation –1. Project developed inside the network

approved?

ok?

CTBE provides validation

s

n

beginning

Participant submits the proposed project to the Management Committee for approval

Participant forwards the results to the Management Committee, which records entry and forwards the results to CTBE

1

The project must be in the areas covered by the VSB

The project returns to the applicant for review

nendProject refused

Participant executes the project

n

s

end

*

Network Operation –1. Project developed inside the network

CTBE inserts the creation in the system hosted at CTBE

Prior art search nIP protection possible?

CTBE provides IP protection analysis

s

CTBE will provide maintenance to the hosted system and

support to the users

Publications are made on behalf of creators with acknowledgement to CTBE

CTBE releases the new creation in the network, for use by the participants

which host the system in house

end

CTBE provides and e finances IP protection in BR and abroad on behalf of CTBE

Publications authorized

CTBE includes the new creation in the “network creations data base”2

*

s

Network Operation –2. The applicant owns an external IP

sProject refused

IP protection and publication according to the conditions agreed

2

CTBE provides validation in a closed environment

nAccepted?

nProject review, improvement or additional development in a

closed environment

CTBE negociates the conditions with the applicant, taking into account the requirement of

dissemination inside the network

s

n

beginning

Applicant forwards the IP to the Management Committee , for evaluation of the interest in the presented IP

Does it interest? end

opening degree

Closed

Open1

Project review, improvement or additional development can be done

inside the network.If needed, a member

institution will be designated to take the

project further

Obrigada!

Rosana C. Di Giorgiorosana.giorgio@bioetanol.org.brCentro de Ciência e Tecnologia do Bioetanol (CTBE)+55 19 3518 3117www.bioetanol.org.br