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Dispute Resolution in Science Collaboration

Explore potential disputes in intellectual property related to research collaborations and patent exploitation. Focus on areas such as inventorship, joint results management, and value assessment.

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Dispute Resolution in Science Collaboration

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  1. April 25-26, 2005 - Christian POLICARD, Executive Vice President Business Development INSTITUT PASTEUR - Nicole RIEUNIER-BURLE, Avocat à la Cour Head of the Life Science Department BRUNSWICK LAW FIRM WIPO CONFERENCE ON DISPUTE RESOLUTION IN INTERNATIONAL SCIENCE AND TECHNOLOGY COLLABORATION PRESENTATIONS OF:

  2. WHOM WE REPRESENT: INSTITUT PASTEUR • STATUS: foundation or charity i.e. assets dedicated to research purposes • in the fields of microbiology • with a mission of public service, i.e. • help to the community • domestic relation with health authorities • international assistance • dramatically relying on patents resulting for the research to survive • 35 to 40% revenues from intellectual property • the remainder from donations, bequests and public subsidies • EXAMPLE OF HIGHLY PUBLICIZED DISPUTE, AMONG OTHERS: AIDS virus discovery and test invention

  3. WHAT WE SHALL FOCUS ON POTENTIAL AREAS OF DISPUTES IN THE DOMAIN OF INTELLECTUAL PROPERTY • FROM THE BENCH COLLABORATIVE RESEARCH EFFORTS (I) • TO THE MARKET EXPLOITATION (II)

  4. AREAS OF POTENTIAL DISPUTES RELATED TO COLLABORATIONS DRAFTING THE RESEARCH PROGRAM Highly qualified persons Market share and public recognition… in terra incognita NEED TO IDENTIFY THE ACTORS Disputes may occur among individuals among organizations between academic institutions and industry

  5. AREAS OF POTENTIAL DISPUTES RELATED TO COLLABORATION (Continued) • THE GROUNDS OF DISPUTES • Inventorship and authorship • Assessment of pre-existing knowledge patents know-how • Co-ownership of joint results management during the implementation of the collaboration follow-up in the years • Management of the Research Programmes

  6. AREAS OF POTENTIAL DISPUTES RELATED TO EXPLOITATION SHARE VALUE v/ INTELLECTUAL PROPERTY • Problem: research leads to upstream intangible with unknown intrinsic value • Large premium over book value paid in pharma companies evidences that patented blockbuster are true economic assets • But true value is indistinguishable from the value of the earnings produced by assets • Audit of royalties PITFALLS AND DURATION OF PATENT PROSECUTION • Oppositions in Europe and interferences in America defer time of certainty • Scope and enforceability

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