April 25-26, 2005 Executive Vice President Business Development INSTITUT PASTEUR - Nicole RIEUNIER-BURLE, Avocat à la Cour Head of the Life Science Department
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.
- 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
-
AIDS virus discovery and test invention
WHAT WE SHALL FOCUS ON 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)
AREAS OF POTENTIAL DISPUTES RELATED TO COLLABORATIONS 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
AREAS OF POTENTIAL DISPUTES RELATED TO COLLABORATION (Continued) 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
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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