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Innovationbe adapted – and harnessed – to a nation’s advantage. In theincreasingly interconnected global network of science andinnovation better IP management at the institutional levelenables earlier and easier access to indispensable emergingtools, technologies, and know-how.Better IP management can be achieved through capacitybuildingefforts. And these can be sustained through soundnational and institutional IP policies. Specific initiatives at theinstitutional level should include capabilities for negotiatingcontracts, streamlining statutory protection (copyright,patents, trademarks, and dealing with confidentialinformation), patent searching and filing, freedom to operatereviews and strategy (a particular challenge for public sectorinstitutions) 5 , technology valuation, and business strategydevelopment. Governments should be cautious, however, notto develop policies that mandate public research institutionsand universities to adopt a single approach. IP managementis very context specific, and flexibility is a precondition for itscreative and successful use.Further, the increasingly ubiquitous PDP works by buildingon the comparative advantage of public and private sectorsand managing that interface authoritatively. Any institutionthat wishes to participate needs, at a minimum, to be in aposition to negotiate complex contracts, manage newlygenerated intellectual property, and respect third partyintellectual property. This requires mastery of a range ofspecifics, from laboratory notebook policies to good practicesin managing confidential information to name but two.Since the mission of many public institutions is increasinglyshifting from purely academic research to making a socialand economic impact at the local and national level, IPmanagement is an even stronger imperative. It is an integralpart of a public sector’s toolbox that allows it to meet its entiremission more effectively to create hitherto unsuspectedopportunities.One such opportunity lies in the manner in which drug andvaccine development is changing shape in developedcountries. The blockbuster-focused business model ofmultinational pharmaceutical companies is fundamentallybeing reshaped 6 . The drivers for this change are complex butdue in part to emerging opportunities offered from noveltechnologies (diagnostics for personalized medicine, genetherapies, and so forth). As a result, a new range of mergersand acquisitions are taking place. In due course, an entirelynew array of alliances will be created to further multinationals’quest to create niche remedies that target much smallerpopulations than blockbusters did in the past. Conceptually,there is nothing that stands in the way for a multitude ofdeveloping country institutions, including public sector ones,to participate in this new business model and concurrentlygain advantage in serving their own local national nichemarkets. But it will require some institutional changes.Institutional culture and individual mindsetTo harness the power of IP, management capacity and skillsare fundamental. Such skills make it possible to get earlieraccess to emerging tools, technologies, and resources thatcan dramatically improve the health and welfare of theircitizens. For example, the private sector in India has takenquick advantage of TRIPS by a) channelling its resources intothe research and development of drugs for diseases thatdominate in developing countries and b) building IPmanagement capacity well before the entry into force ofTRIPS 7 . This dual approach provided many companies inIndia with substantial foreign investments and access toforeign markets. In fact, more drug approvals are beingsubmitted to the US Food and Drug Administration (FDA)from India than from all other foreign companies combined.Similarly, effective IP management can also be made tobenefit public research institutions. Without knowledge ofsophisticated IP management techniques, however, suchefforts to enter into effective public-private partnerships thatcan direct the power of industry to the needs of the poor willbe stymied.As previously mentioned, innovation in health relies onsophisticated, global IP rights systems and on science that isincreasingly complex, specialized, and globalized. Thiscomplexity requires a more open system of knowledgesharing than previous research and developmentprogrammes, and many studies suggest that successfulinnovation requires developing clusters of institutions,businesses, and personnel. “Location, location, location,” thebattle cry for real estate agents everywhere, is increasinglybecoming the key word in studies of innovation dynamics andknowledge-based growth. Prime locations in R&D are referredto as “clusters” – groups of similar-minded institutions andindividuals who grow together. Although companies andvarious not-for-profit entities in the same sector or productmarket have traditionally located themselves in specificgeographic regions (rather than spreading out evenly across acountry), the deliberate search for ways to encourageclustering has only recently begun. Institutions have much togain from being located in clusters or strongly linked withthem. Indeed, this strategy is one of the most effective waysto bring about institutional change and attract entrepreneurs.Governments have an important role to play in the processof cluster formation. In order to create clusters, governmentscould usefully redirect some of their funds from bricks andmortar and product investments towards soft investments ininstitutions and platforms that create collaborations. Localand national governments can also foster cluster formationby, for example, offering tax incentives to companies to set-uptheir operations within a defined zone of geographicalproximity. It is universities, however, that have the power tolead the way in supporting productive research networks.These networks have the potential not only to generate newknowledge but also the ability to bring in and adapt globalknowledge to local needs. Indeed, research collaborations areimportant both for a university’s academic status and for thecommercial and economic prospects of a research-basedcluster. Universities should strive, therefore, to encourage andsupport research that engages with the larger community.Putting the power of intellectual property towork for the poorAs mentioned, when it comes to combating diseases and086 ✜ Global Forum Update on Research for Health Volume 4
Innovationpromoting health in developing countries, the past decadehas seen an unprecedented pace of change. One big changeis the range of new actors – particularly the private sector –contributing to this agenda 8 . To ensure that this agenda issustained, the private sector must continue to be engaged bythe public sector to achieve public sector goals.For intellectual property to be put to work by the publicsector for public sector goals, an urgent reconceptualization ofthe relationship between the IP system and developingcountries is needed. This requires, first and foremost, bestpractices in IP management by and for the public sector 9 .Much can be achieved with this relatively simple emphasis –as opposed to efforts aimed at changing international treatiesor negotiating yet another global treaty with impact only in thelong term, if any 10 . Broad access for the poor can bestrengthened significantly – with tangible and near-termbenefits – through creative IP management and licensingpractices.Good institutional IP management capabilities,References1.Gurry F. Foreword. In Intellectual Property Management in Health andAgricultural Innovation: A Handbook of Best Practices (eds. Krattiger A,Mahoney RT, Nelsen L et al), 2007, MIHR: Oxford, UK, and PIPRA: Davis,California, USA. www.ipHandbook.org2.These are: Madrid Protocol (1989), Washington Treaty on IntegratedCircuits and the Film Register Treaty (1989), UPOV 1991 Act (1991),TRIPs (1994), Trademark Law Treaty (1994), WIPO Copyright Treaty,WIPO Performances Treaty (1996), WIPO Phonograms Treaty (1996),Geneva Act of the Hague Convention (1999), and the Patent Law Treaty(2000).3.These five reasons are cited from Krattiger et al. From Best Principles toBest Practice: Message from the Editorial Board. In Intellectual PropertyManagement in Health and Agricultural Innovation: A Handbook of BestPractices (eds. Krattiger A, Mahoney RT, Nelsen L, et al), 2007, MIHR:Oxford, UK, and PIPRA: Davis, USA. www.ipHandbook.org4.See, for example: Min EJ. Alternative Dispute-Resolution Procedures:International View. In Intellectual Property Management in Health andAgricultural Innovation: A Handbook of Best Practices (eds. Krattiger A,Mahoney RT, Nelsen L, et al), 2007, MIHR: Oxford, UK, and PIPRA:Davis, USA. www.ipHandbook.org5.Krattiger A. Freedom to Operate, Public Sector Research and Product-Development Partnerships: Strategies and Risk-Management Options. InIntellectual Property Management in Health and Agricultural Innovation:A Handbook of Best Practices, (eds. Krattiger A, Mahoney RT, Nelsen L, etal), 2007, MIHR: Oxford, UK, and PIPRA: Davis, USA.strengthened IP court systems and patent offices, and policiesthat encourage meeting the needs of the poor are the toolsthat will create more effective R&D endeavours and provideequitable access to valuable health innovations. ❏Anatole Krattiger is Research Professor at the BiodesignInstitute, Arizona State University (ASU), Adjunct Professor at theSandra Day O’Connor College of Law ASU, and Adjunct Professorat Cornell University’s College of Agriculture and Life Sciences. Heworks on strategic and intellectual property aspects related tohealth and agricultural innovation management and at thecrossroads of development, government, science, businesses, andphilanthropy. Originally a farmer in Switzerland, he worked amongothers at the International Maize and Wheat centre in Mexico,served as Executive Director of the International service forAcquisition of Agri-biotech applications, and as Executive to theHumanitarian Board for Golden Rice. He is a member of theAdvisory Board of the Franklin Pierce Law Center, founding BoardMember of the Black Sea Biotechnology Association and Editor-in-Chief of Innovation Strategy Today.www.ipHandbook.org6.See for example a recent discussion in The Economist: Beyond theblockbuster, 30 June 2007.7.For example, Indian drug companies have been combining their reengineeringskills with legal ingenuity to challenge patents held by theworld’s leading drug companies. See for example: Generic Drugs FromIndia Prompting Turf Battles, The New York Times, 26 July 2007.8.Matlin S. Combating diseases and promoting health: setting the agenda forhealth research. Global Forum Update on Research for Health. Vol. 3:11-XX, 2006.9.For a more detailed discussion, see Mahoney RT and Krattiger A. The Roleof IP Management in Health and Agricultural Innovation. In IntellectualProperty Management in Health and Agricultural Innovation: AHandbook of Best Practices (eds. Krattiger A, Mahoney RT, Nelsen L, etal), 2007, MIHR: Oxford, UK, and PIPRA: Davis, USA.10.For example, the Global Medical Research and Development Treaty is onesuch initiative that may lead to minor benefits in the long term but wouldconsume enormous resources and shift them away from the moreimmediate and highly beneficial results with authoritative IP management.For detailed analysis of the proposed treaty, see Farlow A. A Global MedicalResearch and Development Treaty. An answer to global health needs? IPNWorking Papers on Intellectual Property, Innovation and Health, 2007,International Policy Press, London.http://www.fightingdiseases.org/pdf/Global_Medical_Research_web.pdfGlobal Forum Update on Research for Health Volume 4 ✜ 087
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Editorial Advisory Board:Luis Gabri
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Contents096 Child immunization: acc
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IntroductionResearch contributions
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IntroductionType IType IIType IIIPr
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Introductionmaking), takes account
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Access to healthStrengthening healt
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Access to healthTraining more healt
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Access to healthimperative for acti
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Access to healthReferences1.Further
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Access to healthDeterminantsAvailab
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Access to healthThe authors are inv
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Research resourcesways. For instanc
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Decision-making148 Delivering evide
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Decision-makingChallenges in employ
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Decision-makingUsing evidence forpo
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Decision-makingdesire to publish. T
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Decision-makingsystems development.
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Decision-makingGlobal and regional
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Decision-makingHigh-incomeChildrenE
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Decision-makingthan a quarter of th
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Decision-makingThe potentials of in
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Decision-makingGenerally, any resea
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Decision-makingReferences1.Hawes H.
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