New IP resource for Pharma, Biotech and Chem Finding the right model for Research & Development Collaboration
Another quick excerpt from the new book, Pharmaceutical, Biotechnology and Chemical Inventions: World Protection and Exploitation published by Oxford:
“It is quite common in the fields dealt with in this text for there to be research and development collaborations, many of which involve multiple parties…
Many of the jurisdictions covered in this text have state-owned research organizations which may fund or conduct their own research, and care must be taken in deciding the best methods to engage with them. For example, much research in Australia is conducted under a programme of funding and collaboration termed ‘Co-operative Research Centres’. These centres have sometimes onerous regulatory and contractual requirements which can make them unattractive.
Research collaborations have recently been the subject of litigation in Australia due to uncertainties around the ownership of employee inventions, particularly where the employer is a university. This is obviously always a key issue in any country. In addition, in Japan employee inventors have the right to be compensated beyond their usual salary for inventions that are commercialized, and this compensation can be quite considerable indeed.
Chinese contract law governs the agreements which can be made in research and development collaborations and, as usual, there are some key issues to be aware of. For example, if one party to a collaboration agreement does not agree to file a patent application, then none of the parties may file.
A key issue to consider in the United States is the operation of the Bayh-Dole Act which amongst other things allows non-profi t organizations party to a federal funding agreement to retain intellectual property arising from the funding but confers a non-exclusive irrevocable licence to the federal funding body.”
As before, this is a short excerpt from one of the overview summary sections.
Just to recap, it’s a detailed and strategic look at intellectual property and related issues in the pharmaceutical, biotechnology and chemical industries. It covers 11 jurisdictions, has a Europe overview section and will be published by Oxford University Press. It is topic based, so that you can see how the same issue is dealt with across the globe in one spot.
Oxford has kindly granted a 20% discount for readers of IP Think Tank. To claim your discount, just click this link (Pharmaceutical, Biotechnology and Chemical Inventions and enter the code ‘ALBUCK10′ , or call the team at Oxford on +44 (0) 1536 741727 and use the code ‘ALBUCK10’. (Note: this offer is only available on orders placed direct with Oxford University Press and is not available through any other supplier.)
Just to give you a little more background, the book will be published in a 2 volume set, with about 1,800 pages. It’s designed for the in-house team – to make things way easier than they are today.
Finally, thanks again to our incredible contributor team, each of whom are amongst the very best in the world:
Pravin Anand, Anund and Anund, India
John Bateman, Kenyon & Kenyon, USA
Susan Beaubien, Moffat & Co, Macera & Jarzyna LLP, Canada
Theo Bodewig, Humboldt University, Germany (Consultant Editor)
Simon Cohen, Taylor Wessing, UK
Wayne Condon, Griffith Hack, Australia
Marina Couste, Howrey LLP, France
Robert A. Dormer, Hyman, Phelps & McNamara, P.C., United States
Atsushi Hakoda, Nakamura & Partners, Japan
Juany Huang, Panawell and Partners LLC, China
Reuben E. Jacob, R. G. C. Jenkins, UK
Fabrizio Jacobacci, Studio Legale Jacobacci & Associati, Italy
Kurt R. Karst, Hyman, Phelps & McNamara, P.C., United States
Klaus Kupka, Taylor Wessing, Germany
David C. Musker, R. G. C. Jenkins, UK
Cyra Nargolwalla, Cabinet Plasseraud, France
Nina Resinek, Taylor Wessing, Germany
Toshio Takizawa, Nakamura & Partners, Japan
Koichi Tsujii, Nakamura & Partners, Japan
Klaus Schweitzer, Plate Schweitzer Zounek, Patentanwaelte, Germany
Deborah Somerville, Kenyon & Kenyon, USA
Paul Steinhauser, Arnold Siedsma, Netherlands
Nigel Stoate, Taylor Wessing, UK
Rosie Stramandinoli, Griffith Hack, Australia
Otto Swens, Steinhauser Hoogenraad, Advocaten, The Netherlands
Andreas Walkenhorst, Tergau & Pohl Patentanwälte, Germany
William Yang Panawell & Partners LLC, China
Federico Zanardi Landi, Studio Legale Jacobacci & Associati, Italy