Why Does Intellectual Property Management Matter for the Public Sector?

• Author: Anatole Krattiger
• Position: Research Professor at the Biodesign Institute at Arizona State University, and an Adjunct Professor at Cornell University

Almost every country around the world updated and revised its laws related to intellectual property (IP) rights over the last decade or so. Nearly every bilateral trade agreement includes IP clauses. As stated by WIPO Deputy Director Francis Gurry in his foreword to Intellectual Property Management in Health and Agricultural Innovation: A Handbook of Best Practices a true "explosion of IP legislation at the international level" has occurred with ten new multilateral IP treaties having been concluded in the last 15 years alone¹. It is not surprising therefore that IP rights are often viewed as something complicated and controversial. Because of its feared impact on low- and middle-income countries, the most discussed treaty in the context of health research and development has been the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Whether or not, and to what extent, TRIPS will impact the pricing and availability of health and agricultural innovations, are certainly legitimate concerns. But access to health and agricultural products depends on many factors.

The Handbook recognizes that IP rights are sometimes viewed as creating barriers to access to innovations in health and agriculture, but argues that it is not IP per se that raises barriers, but rather how IP is used and managed, particularly by public sector institutions (such as universities, national research institutions, and non-profit organizations). The Handbook discusses all major aspects of IP management but views IP management as but one of six closely connected and inter-related components of innovation. And intellectual property is rarely the most important. Efforts to meet the needs of the poor must also:

* support R&D;

* adopt policies and develop safe and effective regulatory systems (for drug and vaccine registration; biosafety and food safety for applications of biotechnology in food, feend fiber; and seed quality certifications);

* encourage high-quality manufacturing of drugs and vaccines and investments in high-quality seed production and that of other agricultural inputs;

* develop national health programs and agricultural extension systems that are sustaining domestic markets, including distribution systems in both the public and private sectors; and

* be conducive to facilitating trade in health and agricultural products and technologies.

Indeed, much of the impact of TRIPS, for example, will depend on how countries and institutions respond five components of innovation listed above, in addition to the evolving IP regime. There is every indication that IP management skills appear to be one of the...