Expert Workshop on the Strategic Use of IPRs by Public Research Organisations, The Hague (Netherlands)

THE HAGUE, NETHERLANDS
17 October 2002

Rapporteurs' summary report

Objectives:
The objective of the Workshop is to help the OECD's Focus Group on Innovation and Intellectual Property Rights (IPRs) draw conclusions from their recently completed Survey of Patenting and Licensing at Public Research Organisations (PROs) and Case Studies. Drafts of the OECD Report on the Survey and Case Studies will be circulated to Workshop participants ahead of time.

Participants:
The Workshop will bring together the Focus Group participants, policymakers, technology transfer professionals and academic experts. To facilitate informal discussion and debate, participation is limited to a maximum of 50 people.

Structure:
The Workshop will consist of five sessions will address a policy-relevant question about patenting and licensing at public research organisations.
In each session moderators will introduce the expert panelists each of whom will have ten to fifteen minutes to address the Session's policy question. The expert panelists should refer to the results of the OECD Survey and Case Studies in their intervention, as well as draw on their own experience. The moderator will note the points made by the panelists and their recommendations preferably so that they may be seen by the audience and then open a 30 minute discussion with the floor about whether the points are reasonable conclusions to draw in the OECD's final Report. The moderator will close the Session with concluding remarks and any suggested policy recommendations.
It is important to stress that the objective of the panelist contributions and Workshop discussions is to help the Focus Group validate its findings and formulate specific recommendations for the Conclusions of the Report. The Chair and Workshop Rapporteurs will be asked to bring together all the points made at the end of the day.

Venue:
The Hague, Netherlands 'Oude Raadzaal', Javastraat 26 te Den Haag

Chair: Theo Roelandt, Dutch Ministry of Economic Affairs, Netherlands

Rapporteurs:
Pim den Hertog, Dialogic, Netherlands
Bavin Sampat, Georgia Institute of Technology, United States

8:00-9:00 Registration and Coffee

OPENING REMARKS

9:00-9:30 Welcome Remarks
Rein Bemer, Director General, Dutch Ministry of Economic Affairs, Netherlands
Daniel Malkin, Head Science and Technology Policy Division, OECD
Introductory Remarks by the Chair

Session I: Monitoring IP activity at Public Research Organisations: What is the role of governments?

9:30-10:45

  • What are the policy needs for surveys of IP activity at PROs?
  • What IP related activities should be measured and how?
  • What are the limits of existing surveys and can they be improved?
  • Who is best placed to carry out the data gathering and analysis?
  • Can results from national surveys be harmonised and compared internationally?
  • Are there differences in surveying universities versus public laboratories?

Moderator: Mark Boroush, Department of Commerce, United States
Panelists:
Anthony Arundel, MERIT, Netherlands
Lori Pressman, AUTM Representative United States
Paul van Grevenstein, ASTP President

10:45-11:00 COFFEE BREAK

Session II: Adapting Legal Frameworks: Do Countries Need a "Bayh-Dole Act"?

11:00-12:15

  • Is the new focus on the legal basis for IP at PROs speeding technology transfer from PROs or simply formalising existing channels?
  • What are the pros and cons of granted PROs title to inventions and creative works?
  • Is a harmonized policy toward IP ownership really necessary? What about international harmonisation?
  • Should there be harmonized policies regarding non-patented IP (e.g. copyright)?
  • What safeguards, if any, should governments and institutions implement to protect public research and teaching missions?
  • How does the existence/lack of a grace period affect policy?

Moderator: John Raubitschek, Department of Commerce, United States
Panelists:
Jacqueline Allan, Forfas, Ireland (to be confirmed)
Denis Dambois, DG Research, European Commission

12:15-13:30 LUNCH BREAK

Session III: TTO Organisation and Management: What are the most successful models?

13:30-14:45

  • Can we identify successful models of TTOs in OECD countries?
  • When are in-house/campus-based TTOs more effective than one-stop TTOs for multiple PROs?
  • What are the major management challenges for TTOs?
  • What should be the role, if any, of governments in supporting TTO operations?

Moderator: Pim den Hertog, Dialogic, Netherlands
Panelists:
Harmen Jousma, Leiden University, Netherlands
Sven Milthers, University of Copenhagen, Denmark

Session IV: Licensing Inventions: What are "Best Practices"?

14:45-15:30

  • What policies need to be in place at PROs to facilitate the licensing of inventions and creative works?
  • How can PROs protect their own research freedom?
  • Are policies that encourage non-exclusive licensing necessary and if so how can they effectively implemented?
  • Should PROs be concerned about local working requirements?
  • How is the licensing of patented and other forms of IP different?
  • What licensing pitfalls should be avoided?
  • Are alliances between PROs for collaborative licensing a useful option?

Moderator: TBD
Panelists:
Alain Gallochat, French Ministry of Research, France
Ola Flink, Karolinska Innovations AB, Sweden

15:30-16:00 COFFEE BREAK

Session V: Conclusions on Technology Transfer at PROs: What is the Ultimate Goal and How to Get There?

16:00-17:00

  • What are the most important IP activities of PROs?
  • How much should patenting be encouraged relative to other channels for tech transfer?
  • What are reasonable expectations for licensing and licensing income?
  • How important is licensing versus other forms of technology transfer, such as spin-off formation?
  • Can TTOs be financially self-sufficient?
  • Are TTOs adapted to addressing the different needs of various technology sectors?

Moderator: Eric Iversen, STEP, Norway
Panelists:
Thomas Gering, Ventratec, Germany
Jeff Skinner, University College London, United Kingdom
Andrew Pik, CSIRO, Australia

CLOSING REMARKS: Report Recommendations and Way Forward

17:00-18:00

  • Recommendations from the Workshop
  • Identification of future challenges of IP management (e.g. litigation, conflicts of interest)
  • OECD Report publication

Chair: Theo Roetlandt, Dutch Ministry of Economic Affairs, Netherlands
Panelists:
Rapporteurs's conclusions
Kathryn Sullivan, Department of Commerce, United States
Marianne van der Steen, Dutch Ministry of Economic Affairs, Netherlands
Mario Cervantes, OECD
Bénédicte Callan, OECD

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