Research Areas

Intellectual Property Rights 1998-2000

Researcher: Maria Jose Sampaio

INTELLECTUAL PROPERTY RIGHTS (IPR)

Since 1996, Embrapa has published its Intellectual Property Policy which gives the basic directions to the Company’s staff on how to comply with the newly approved IP Laws in Brazil, namely the Industrial Protection l"patent”l Law (new version - 1996) and the Cultivar Protection Law (1997). It also gives the basic guidelines which employees need to follow when dealing with proprietary assets. This policy has recently been amended (October, 98) with specific regulations regarding the sole or joint ownership of products and processes develop by Embrapa’s personnel and funds. During the last two years Embrapa has exercised the implementation of such a policy and concluded that due to the complexity of the matter and the involvement of so many international partners, it would be important to have the theme as one of the study & development areas within the Labex project.

Therefore the clear objective of the involvement of Labex scientist is to use the opportunity to become better prepared to help Embrapa to deal with any negotiation which has an interface with one of the many kinds of intellectual protection, objects ranging from microbial samples to software. Because of its very nature and the present development at global leveL the IPR issues_ relate mostly with the new biotechnology research & development because scientists in this field are producing thousands of proprietary items according to the IP Laws in place in different countries.

To continue to deploy good science, Embrapa needs to be at speed with the latest developments in biotechnology and related areas. To be welcome on board, Embrapa needs to be able to protect its assets and develop appropriate negotiation skills in order to guarantee its access to recent technology.

Unfortunately, there are no manuals on Tech Transfer that will give anybody the necessary expertise: one learns by researching and practicing - this is the major challenge of the LABEX scientist. Ahead comes the policy making and the transfer of acquired knowledge.

ln order to gain experience and to organize the information on proprietary assets which are of immediate and vital importance to Embrapa 's research program the LABEX scientist will be involved with real time negotiations hoatents, processes and technologies/ and will develop a survey of genes and processes as previously decided with Embrapa’s new IP Secretary - SPRI.

OBJECTIVES

  • To prepare Embrapa to deal with any negotiation which has an interface with one of the many kinds of intellectual protection, objects ranging from microbial samples to software.