Executive Vice President Business Development institut pasteur


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April 25-26, 2005


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
  • EXAMPLE OF HIGHLY PUBLICIZED DISPUTE, AMONG OTHERS:

  • 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

  • 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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