AATF Inaugural Report - African Agricultural Technology Foundation

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A New Bridge to Sustainable Agricultural Development in Africa Managing Intellectual Property (IP) to Benefit the Poor AATF’s work contributes to the development and delivery of improved technologies to resource-poor smallholder farmers. Partners in projects coordinated by the Foundation are committed to sharing and transferring technology and research products, both for research and for commercial use for the benefit of resource-poor farmers. AATF’s approach to managing intellectual property (IP) rests on the belief that developing countries in sub-Saharan Africa must make their own decisions about which agricultural technologies are appropriate. This includes whether or not to promote genetically modified organisms (GMOs). Such decisions have to be based on national or regional assessments of the costs, benefits and social acceptability of each technology. In the case of GMOs, AATF’s position is that the countries into which they are licensed must have the capacity to manage their safe development and use, through effective national biosafety regulations and other mechanisms. The Foundation’s IP policy ensures that knowledge and products resulting from AATF activities will be used for the maximum public benefit of resource-poor smallholder farmers in sub-Saharan Africa. Our policy stresses the responsible use of IP owned by others, in a manner that respects their rights. In the acquisition and management of thirdparty IP, we abide by all relevant international laws and treaties, as well as national laws in the countries in which AATF operates. Finally, AATF is guided by its core values of accessibility, accountability, credibility, dedication, transparency and trustworthiness. AATF’s Stewardship Role A number of private, public and civil society organisations have pledged to support the AATF approach to technology transfer. It is imperative that the Foundation preserves the confidence of these stakeholders through effective leadership and responsible IP management. As a “responsible party,” AATF guarantees that proprietary technology is properly acquired and used. We start by conducting IP audits to identify any restraints associated with the use or distribution of products or processes incorporating specific proprietary technologies. We always endeavour to develop and deploy products that are “free and clear” of restrictions imposed by third-party IP rights. If not free and clear, we make every effort to reveal any restrictions that might apply and, where possible, obtain any required permissions. AATF strives to preserve the integrity of confidential information controlled by the IP rights of others. We include a confidentiality clause in all employment contracts and stress compliance with this clause as a condition of continued employment. We also strongly advocate that project partners require all personnel associated with our projects to sign confidentiality agreements. The Foundation routinely enters into non-disclosure agreements with collaborators, not only to facilitate the free exchange of information and materials, including IP, but also to preserve the integrity of confidential information at the institutional level. Responsible IP management requires that all ownership rights are defined at the start of any project. The ownership rights of AATF and those who provide technologies are negotiated on a project-by-project basis. Our policy is that IP rights should be shared equitably among project partners, taking into consideration: the original intellectual contributions of each; the specific kind and character of the IP, materials, research efforts, and preparatory work done by each collaborator in 14
Designing a New Bridge to Sustainable Development the project; the facilities provided by each organisation; the financial contributions made by each project participant; and any other considerations deemed relevant by project partners. Beyond that, any rights embodied in research products, publications and other works commissioned by the Foundation are assigned to and vested in AATF, and any rights reflected in research products, publications and other outputs jointly commissioned by the Foundation and our partners are assigned to and vested in AATF and project partners as joint right holders. Responsible IP management also requires that we clearly state all contractual terms in writing, and that formal agreements be signed by the authorised representatives of all parties before any work begins. This ensures that all arrangements with third parties are properly documented. Safeguarding IP The Foundation and its partners use such practices as DNA fingerprinting, the keeping of appropriate laboratory notebooks, and controls over the release of information in order to identify, record, safeguard and manage IP generated in the course of individual projects. Having said that, our mission dictates that, to the extent possible, research outputs and products from AATF projects are placed in the public domain. In certain cases, however, legal IP protection may be needed to guarantee the continued availability of germplasm, inventions, publications and databases resulting from our projects. Such statutory protection can provide the Foundation with the leverage it needs to negotiate access to other proprietary rights and technologies required for product development. Thus, when it makes sense to do so, AATF may seek IP protection for products resulting from its projects. In seeking such rights, we will be guided by our commitment to serve the African resource-poor smallholder farmer, rather than by opportunities to obtain revenues. Should financial returns result from IP licensing, they will be used to achieve our charitable objectives. In some cases – when the public good is best served by doing so – AATF and its partners may allow third parties to take IP rights on research products, or on materials derived from research products. In these instances, we will make sure that such agreements do not in any way impinge on the rights of the Foundation and its partners to challenge excessive protection. It is consistent with AATF’s mission to encourage wide-spread dissemination of information resulting from its projects. In providing such information, the Foundation and its partners embrace the “fair use” limitations of copyrighted material, or obtain the consent of the copyright owner and give proper attribution. Finally, on occasion AATF and its partners may choose to register any distinctive marks as trademarks in order to protect the goodwill and reputation associated with the exclusive use of these marks by the Foundation and project collaborators. There have been many attempts in the past to promote public–private partnerships in sub- Saharan Africa. Most have had little tangible or lasting impact. AATF is an innovative approach designed to mobilise new science on behalf of the poor in Africa, and to achieve the inherent potential synergies of public and private sector research and development efforts. The effective transfer of proprietary technologies lies at the heart of the Foundation’s work. Our African focus, leadership and operational location promise a more comprehensive and realistic appreciation of the constraints to technology transfer in Africa, as well as the design of more feasible solutions and closer follow-up and continuity in implementation. 15
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AATF Inaugural Report - African Agricultural Technology Foundation

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