Rosemary Wolson Intellectual Property Manager: UCT Innovation University of Cape Town

1. Structuring Science &Technology Collaborations:The Role &Perspective of aDeveloping Country University Rosemary Wolson Intellectual Property Manager: UCT Innovation University of Cape Town +27-21-650-2425/+27-83-784-3648 Rosemary.Wolson@UCT-Innovation.co.za

2. 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 UCT Facts & Figures

3. Importance of Research Collaborations for UCT • Funding • Access to technology • Access to complementary expertise • Equipment • Capacity-building • Value adding

4. Features of UCT’sResearch Collaborations • 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

5. One Size Does Not Fit 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

6. UCT’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

7. Most Common Causes 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

8. Avoiding 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

9. Developing Country Issues • 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

10. PIIPA 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?

11. Thank You!