wipo conference on dispute resolution in international science & technology collaboration,...

WIPO Conference on DisputeWIPO Conference on Dispute Resolution in International Resolution in International Science Science && Technology Technology Collaboration, Geneva, Collaboration, Geneva, Switzerland, 25-26 April 2005Switzerland, 25-26 April 2005

Structuring Science &Structuring Science &Technology Collaborations:Technology Collaborations:

The Role &Perspective of aThe Role &Perspective of aDeveloping Country UniversityDeveloping Country University

Rosemary WolsonIntellectual Property Manager: UCT Innovation

University of Cape Town+27-21-650-2425/+27-83-784-3648

[email protected]


UCT Facts & FiguresUCT Facts & Figures

• SA’s oldest university• ~20,000 students• ~2,000 academic staff• Research budget ZAR

360 million (~US$ 60 million)

• Research & Innovation Department– UCT Innovation

(contracts, IP, commercialisation)

• Faculties:– Commerce (and

Graduate School of Business)

– Engineering & the Built Environment

– Health Sciences– Humanities– Law– Science


Importance of Research Importance of Research Collaborations for UCTCollaborations for UCT

• Funding

• Access to technology

• Access to complementary expertise

• Equipment

• Capacity-building

• Value adding


Features of UCT’sFeatures of UCT’sResearch Research

CollaborationsCollaborations• Location of collaborator– Local & international

• Type of collaborating organisation– Academic, industry, government, ngo, igo,

development agencies• Stage of research

– Early stage to applied• Nature of the outputs

– Innovative/cutting-edge science to ‘routine’ provision of services

• Funding– Externally funded, co-funded, self-funded


One Size Does One Size Does NotNot Fit Fit All…All…

• Wide range of collaborators and diversity of relationships– Different conditions attach

• Calls for a flexible approach• Within certain policy parameters

– Proactive research management and support therefore critical to ensuring that both UCT and its collaborators derive benefit out of these relationships


UCT’s ApproachUCT’s Approach

• What’s important to us might not be the same as what’s important to our collaborators

• But benefits for both parties can still be achieved

• Compromises are necessary• Identify ‘dealbreakers’ for each party

– Requires clear policies, consistently applied– If unacceptable – walk away– If acceptable – reach common ground


Most Common Most Common Causes of DisputeCauses of Dispute

• Confidentiality & publication rights– Distinguish between information received from

other party & information generated in course of project

– Time-limited embargo on disclosure; right to review

• IP ownership, access & use– Licensing preferred over assignment, but approach

depends on circumstances– Minimum condition: royalty-free, perpetual license

to university for teaching & research – fto


Avoiding DisputesAvoiding Disputes

• Disputes more common during negotiation than in implementation

• Clear contracts that represent a true ‘meeting of minds’– Deliverables, budget, timelines– Contracts signed off by university – but must be

understood by the researchers concerned

• Dispute resolution provisions


Developing Country Developing Country IssuesIssues

• Unequal collaborations - not taken seriously– UCT inventors left off patent applications filed by

overseas collaborator ‘Drudge work’• Resource constraints make for a poor

bargaining position– Can’t afford to walk away– Limited capacity

• Choice of law and forum for dispute resolution– Litigating overseas could bankrupt the institution!

• Biopiracy’– Plant material, tissue collections, clinical data


PIIPA ProposalPIIPA Proposal

• Public Interest Intellectual Property Advisors– www.piipa.org

• Proposal for a Facilitation, Mediation & Dispute Resolution Network

• Focus on developing country IP issues, including traditional knowledge– Design culturally appropriate negotiation process– Facilitate negotiations– Resolve disputes

• Is there a need?• Appropriate partners – WIPO?


Thank You!Thank You!

wipo conference on dispute resolution in international science & technology collaboration,...

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