A Global Agricultural Research Partnership

The exceptions that prove the rule; navigating intellectual property rights in public sector research

Management of intellectual assets and intellectual property has taken on a more prominent role in the reformed CGIAR

Since 1971, CGIAR has steadfastly supported research to reduce hunger and poverty in the developing world. Throughout its long history, CGIAR has been dedicated to the idea that all our research results and products should be freely available without restriction to as many people as possible.  Producing ‘international public goods’ is deeply ingrained into CGIAR culture.

The CGIAR Consortium produces a wide range of data, knowledge, publications and other information products such as databases, processes and software.  Members of the CGIAR Consortium currently have their own individual policies and practices regarding data management, but the new CGIAR Research Programs tackling the cross-cutting issues in agricultural development require a consolidated approach.  CGIAR Consortium members are  now together moving towards opening access to their agricultural research products.

The 2010 Change Management Initiative  also placed a greater emphasis on conducting CGIAR research projects in partnerships, with an increased focus on the impact of the research results – rather than on research results as ends in their own right.  These changes are designed to enable CGIAR to do more and do better in fulfilling the mandate to fight poverty and hunger while conserving the environment.

One of the consequences of the reform is that more partnerships (with a diverse range of partners) mean that the management of intellectual assets and intellectual property has taken on a more prominent role.  This has given rise to some concerns that the use of intellectual property rights might be counterproductive to the goals of CGIAR, and that greater transparency was required in relation to the uses of publically funded research.  In response to these challenges and concerns, the CGIAR Principles on the Management of Intellectual Assets (“CGIAR IA Principles”) were drafted, approved and adopted earlier this year.  Now part of the CGIAR Common Operational Framework these principles formally govern the use of intellectual assets throughout CGIAR.

True to the idiom “the exception proves the rule”; much of the discussion during the drafting surrounded the provisions for exceptions to global accessibility.  So much so, the CGIAR Consortium produced a number of documents to explain the possible scenarios and how the CGIAR of the 21st Century can maximize its intellectual assets whilst remaining true to commitments to integrity, fairness, equity, responsibility and accountability (see links below).  The most recent paper is an explanation of the CGIAR IA Principles, and provides a general background as to why they were required and what they hope to achieve; including the exceptional situations where access to research results might be limited.

The CGIAR IA Principles represent a significant milestone in the CGIAR reform process.  The common position agreed by the CGIAR Consortium, its members (the CGIAR Centers) and the Fund Donors balances trust and Centers’ autonomy with accountability and transparency.

Since March the practical application of these principles has revealed many challenges.  A CGIAR Consortium working group is currently putting the finishing touches to a companion document to the CGIAR IA Principles – a set of implementation guidelines.  These are expected to be presented for approval to the CGIAR Consortium Board in May 2013.

For further information:
Background and explanation of the CGIAR Principles on the Management of Intellectual Assets
CGIAR Principles on the Management of Intellectual Assets (“CGIAR IA Principles”)
CGIAR Principles on the Management of Intellectual Assets Approved
The Intersection of Public Goods, Intellectual Property Rights, and Partnerships: Maximizing Impact for the Poor
Examples of restrictions to global access to maximize impact
Explanatory note on the CGIAR IA Report
An Approach to the CGIAR as a Provider of International Public Goods (2008 paper, PDF download)
CGIAR Consortium Legal Counsel and Intellectual Property

Picture downloaded from Office Online

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