INTELLECTUAL PROPERTY RIGHTS

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INTELLECTUAL PROPERTY RIGHTS AND THE TRANSFER OF
TECHNOLOGY FROM RESEARCH ORGANIZATIONS TO INDUSTRY
Maripaz L. Perez
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WINDS OF CHANGE

• Approval of the National Science and Technology
  Plan (NSTP) CY 2004-2010
• Paradigm shift towards development of critical
  mass of commercially oriented RD expertise
• Expanded programs of assistance for SMEs on
  technology upgrading / technical assistance for
  increased productivity and thus competitiveness
  both in local and foreign markets

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NSTP STRATEGIC PROGRAMS

• Small Enterprises Technology Upgrading Program
  (SET-UP)
• Technology Incubation for Commercialization
  Program (TECHNICOM)
• e-LGU

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• SET-UP provides packages of assistance to
  facilitate technology assessment, acquisition and
  application by SMEs

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• TECHNICOM is a comprehensive and unified strategy
  to enhance technology development FOR
  commercialization

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PRODUCTIVITY CONSULTANCY SERVICES
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CASE STUDY 1
Transfer of Technology on Herbal Medicine to
Local Pharmaceutical Companies
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CASE STUDY 1
Transfer of Technology on Herbal Medicine to
Local Pharmaceutical Companies

• Researchers
• National Integrated Research Program on Medicinal
  Plants (NIRPROMP)
• consortium of leading scientists and researchers
  from UP Manila, UP Diliman and UP Los Baños
• Chair Dr. Nelia Cortes-Maramba Department of
  Pharmacology College of Medicine UP Manila
• started 1977

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CASE STUDY 1
Transfer of Technology on Herbal Medicine to
Local Pharmaceutical Companies

• Funding Institution
• DOST - PCHRD

• Historical Experience
• In 1979, PCHRD passed on for free the
  technologies to the Department of Health
  Traditional Medicine Units four (4) herbal
  processing plants
• In 1995, three (3) pharmaceutical companies
• To date only one (1) aggressively penetrated the
  market

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CASE STUDY 1
Transfer of Technology on Herbal Medicine to
Local Pharmaceutical Companies

• Terms
• Five (5) years
• Technology Transfer Fee
• PhP 70,000 for domestic market
• PhP 100,000 for export market
• Royalty
• Two percent (2) of Gross Domestic Sales
• Three percent (3) of Export Domestic Sales
• Pascual Lab. shall be responsible for the
  selection, registration and maintenance of all
  trademarks and trade names

• Terms
• Five (5) years
• Technology Transfer Fee
• PhP 70,000 for domestic market
• PhP 100,000 for export market
• Royalty
• Two percent (2) of Gross Domestic Sales
• Three percent (3) of Export Domestic Sales
• Pascual Lab. shall be responsible for the
  selection, registration and maintenance of all
  trademarks and trade names

• Updates Licensing Agreement renewed for another
  five (5) years starting 28 December 2000

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CASE STUDY 2
Transfer of Canned Laing to Local Food Processor

• Technology Development of Instant Mixes for
  Philippine Ethnic Foods
• Researchers
• FNRI / DOST
• Funding Institutions
• PCIERD
• FNRI
• TAPI
• IP Protection None
• Licensee Moonbake

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CASE STUDY 2
Transfer of Canned Laing to Local Food Processor

• Historical Experience
• Launched in 1999 during the First Asian Ethnic
  Food Festival
• Currently exported to the Middle East, Canada,
  Taiwan, Australia, Japan and the United States
• Developed new variants already

• Terms
• Three (3) years
• Technology transfer fee (PhP 40,000)
• Royalty
• 3 of gross sales

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CASE STUDY 3
Transfer of CNSL-based Chemical Products to Local
Trader

• Products
• CNSL-based phenolic adhesive for wood products
• CNSL-based resin varnish
• Researchers
• FPRDI / DOST
• Funding Institutions
• PCIERD
• FPRDI
• DOST
• IP Protection Patent Pending
• Licensee Chiko Lim

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CASE STUDY 4
Transfer of Hydrogel to ACTA Internatural
Laboratories

• Technology Semi-commercial Production of
  PVP-Carageenan Hydrogels
• Researcher
• PNRI
• Funding Institutions
• PCASTRD
• PNRI
• DOST
• IP Protection Patent Pending
• Licensee ACTA Internatural Laboratories

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CASE STUDY 4
Transfer of Hydrogel to ACTA Internatural
Laboratories

• Terms
• ACTA Internatural Laboratories funded animal
  testing and BFAD registration
• License fee currently being negotiated

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IP RELATED ISSUES

• Low awareness / appreciation of IPR by both the
  researchers and the private sector

• Question on IP protection for government funded
  researches
• Breakdown on negotiations
• Ownership of inventions

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IP RELATED ISSUES

• Minimal utilization of IP assets as a tool for
  technology development and to establish a
  competitive edge in the global market

• DOST IP assets 29, 8 of which obtained only
  between 2000-2002
• During the same period, patent applications
  totaled 30 out of 98 filed since 1988

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IP RELATED ISSUES

• Absence / lack of appropriate mechanisms to
  enhance the utilization and commercialization of
  publicly funded researches

• Weak / inadequate policies for IP protection and
  utilization of benefits preventing a more
  vigorous transfer of technologies from government
  research organizations

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ENABLING POLICIES

• R.A. 8439 Magna Carta for Scientists
• passed 1997
• royalty payments
• consultancy assignment
• R.A. 7459 Inventors and Inventiveness Act of
  the Philippines
• passed 1993
• financial packages (low interest rate)
• prototyping assistance
• IPR Protection Assistance Program

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ENABLING POLICIES

• Scientific Career System
• patents as part of performance

• National Science and Technology Plan
• approved 2003
• financial incentives for technology acquisition /
  development
• Intellectual Property and Technology Transfer
  Mechanism (IPTM)
• adopted 2002
• limited in-house capability

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