ITTI: The International Technology Transfer Institute at Pierce Law

Many individuals do have their preconceived concepts about Poland. However, Poland is the only country within the European Union (EU) to have a economic growth of 1.2% during 2009. Gross Domestic Prodcut (GDP) is the basic measure of a country's overall economic output and Poland's GDP per head rose from 50% to 56% of the EU average. This is a record jump for Poland and actually making Poland Europe's ninth biggest economy.

Poland has been putting a lot of effort in improving relations with all its neighbors and even has a favourable security deal from the United States under President Barack Obama. Such favorable numbers and results are introducing foreign investors in Poland.

Clearly Poland is moving away from a economy in transistion. However, Poland is still not yet the knowledge-based economy. Regarding intellectual property (IP) rights, Poland still has not clear regulation at universities in Poland. Many Polish scientists are still focusing largely on publishing their discovery and findings to obtain further grants. This mostly likely refrains them from patenting their innovations. Also many universities still retain IP rights to all research conducted. This kind of policy has discouraged scientists from starting own start-ups and spin-offs.

That is slowly changing. In 2008 Poland adopted EU's Innovative Economy Operational Programme; using funds to focus on research and development of novel technologies and infrastrustures. Secondly the Poland Patent Office has been carrying out training sessions, promotion stands during fairs and exhibitions on patent information and industrial property protection. This is all a huge step in the right direction which will further the economic growth of Poland.

 

 

Botswana has developed and progressed to the status of a middle income country mainly through mining and exportation of diamonds.  Diamonds are the main source of revenue for Botswana and have financed infrastructural development, health, education and human resource development capacity.  Though diamonds have created wealth for the country, there remains a challenge for the country to diversify its economy in order to reduce its dependence on diamonds which is a finite resource.  Recognizing this challenge, the government has over the years developed initiatives to diversify the economy as well as enhancing the competitiveness of Botswana in the global market.  One of the identified areas of focus is science, technology and innovation.

 

The Botswana Vision 2016 espouses the pillar of a prosperous, productive and innovative nation.  In expounding on the pillar's demands the vision articulates that "Botswana must recognize the rapid international developments in science and technology that are re-shaping the societies of the world.  While much can be borrowed from other countries, we will need to look within our own resources and culture to find the sources of innovation that will allow us to shape our future.  The vision strategy must ensure adequate investment in the development of technology" Presidential Task Group, Vision 2016, 1997.   The country has developed some initiatives to support the pillar and among such ambitious project is the establishment of the Botswana Innovation Hub.

 

In his 2009 State of the Nation address, the President of the Republic of Botswana also highlighted the importance of the country's vision in moving the country forward in the field of innovation.  He said "It is our vision that Botswana will become a nation in which most of our citizens are engaged in knowledge based jobs.  In keeping with this vision, we have been establishing an Innovation Hub as a commercial nexus for knowledge creation and innovation.  The hub will cater for Information, Communication and Technology (ICT)as well as research and development companies serving the local and international market." http://www.gov.bw/cgibin/news.cgi?d=20091113&i=State_of_the_Nation_address_by_President_Khama_to_the_first_session_of_the_tenth_Parliament.  The Innovation Hub when fully operational will provide an attractive location for technology driven and knowledge intensive business to develop and compete in the global market.  Its focus sectors include Information, Communication and Technology, Mining technologies, energy and environment and Biotechnology. http://www.bih.co.bw.

 

Other initiatives in the development of science and technology involve a bold and expensive development of the Botswana International University of Science and Technology.  The United Nations Development Programme (UNDP) in 2005 conducted a study related to science and technology in Botswana and among its recommendations was a call for increased funding for university level scientific research in Botswana.  Also highlighted in the report was the fact that the country has not taken advantage of its strong economy and a high tech information and communications infrastructure to develop science and technology.http://www.scidev.net/en/science-and-innovation-policy/news/Botswana-begins-building-new-s-t-university.html.  Following the recommendations from the UNDP report, government approved plans for the development of the second university in the country which is a public and private sector partnership.  It is anticipated that the university will produce graduates who will better serve the various industries in the science and technology field.

 

During the month of January, the Ministry of Infrastructure, Science and Technology through the Department of Research Science and Technology held a technology transfer Capacity Development Programme workshop in conjunction with the German VDI/VDE Innovation Consultants.  The workshop's objectives were to share national experiences on implementation of technology transfer interventions, defining Botswana technology transfer needs, exploring the role of stakeholders and determining extend of support for a technology transfer development programme for Southern African countries.  Participants to the workshop were drawn from academic institutions, business community, citizen economic empowerment agencies such as Citizen Economic Development Agency, Local Enterprise Authority and Research Science and Technology Agencies such as Rural Industries Promotion Company, Botswana Technology Center and National Food Technology Research Center. Editor, Botswana Gazette, 22/01/2010.  These workshops are further affirmation of the importance that the government attaches to science, technology and innovation and the commitment adopted by various departments to move it forward.  One cannot ignore the political will of the leaders in Botswana, who have embraced science, technology and innovation as another engine of growth that can help diversify the economy as well as improve the livelihoods of the citizens of Botswana.  The inclusion of science and technology initiatives in the national vision 2016 and in the National Development Plan compels all relevant stakeholders to play their role in advancing the objectives envisaged for science, technology and innovation in Botswana.  More can be done and more needs to be done but the important thing is how the country moves forward in creating and achieving tangible milestones in the field of science and technology for the greater benefit of the citizens of the country. A next step should entail strategically designed, specific capacity building initiatives which will drive sustainable STI development into the 21st century, and position Botswana as a regional knowledge centre in Southern Africa.   These initiatives must include investing in building human and institutional capacity and capability in intellectual property and technology transfer.  A national hub, which consolidates talent and resources, might be one such way to implement such a development strategy. 

 

 

Vietnam became a member of the Convention of Biological Diversity (CBD) in 1994. Vietnam has a rich diversity of species and is counted as one of the mega-diverse countries. However, biodiversity in Vietnam is in danger. The number of endangered species of fauna and flora has been increasing since 2000. The factors causing this situation include population boom, economic policy, farmland expansion, over exploitation, forest fire, infrastructure construction, illegal wildlife trade, environment pollution, and alien invasive species. Gene flow from genetically modified organisms (GMOs) also can pose danger on biodiversity. 

In FY 2006, the United States Patent & Trademark Office launched a comprehensive strategic planning process.  The strategic planning process was launched to help focus the USPTO's energy, to ensure that members of the organization are working toward the same goals, and to assess and adjust the organization's direction in response to a changing environment.  This effort involves setting goals, and developing objectives for achieving those goals.  As part of the strategic planning process, the USPTO's executive leadership team sought a broad range of perspectives from interested parties, including the Patent Public Advisory Committee, the Trademark Public Advisory Committee, members of the public, stakeholders, and employees.  A draft plan was posted on the USPTO Web site, and a notice announcing its availability for review and comment was published in the Federal Register.  The draft plan was also reviewed by Congress.  The results of the input received from employees and stakeholders were summarized and discussed by the leadership team, which formulated the final version of the 2007-2012 Strategic Plan.  The final version of the 2007-2012 Strategic Plan, which was released in March of 2007, then becomes a part of the annual budget request along with an annual performance plan and report. 

In support of the Department of Commerce's strategic objective to "protect intellectual property and improve the patent and trademark systems," the USPTO established three strategic goals and a management goal to guide its policies and operations over the next five years.  One of the three strategic goals ("Strategic Goal #3") is to improve IP protection and enforcement domestically and abroad.  The objectives to achieving Strategic Goal #3 include: (1) supporting efforts and initiatives aimed at strengthening IP protection and curbing theft of IP; (2) continuing efforts to developing unified standards for international IP practice; (3) providing policy guidance on domestic IP issues; and (4) fostering innovation and competitiveness by delivering IP information and education worldwide.  

According to the newly released USPTO's Performance and Accountability Report, in 2009, USPTO provided training to more than 2,226 officials from 128 countries on a variety of topics, including IP protection and enforcement, and technology transfer.  USPTO also initiated a new pilot program exposing patent officials from other countries to the USPTO Patent Training Academy's patent examiner training program.  The six-month long International Examiners in Residence (IEIR) Program included most of the Patent Training Academy's new examiner training curriculum.  In addition, the IEIR covered other IP topics, such as copyright, trademark, and enforcement issues.  In order to provide a full perspective of the U.S. IP system, the IEIR also included visits to the BPAI, the Federal District Court of the Eastern District of Virginia, the Court of Appeals for the Federal Circuit, and the Supreme Court to witness oral hearings at each of these judicial proceedings.  Eight patent examiners in various technologies from the patent offices in China, Germany, Korea, and Saudi Arabia participated in the pilot program.

In the area of enforcement, in 2009, USPTO organized and hosted two joint Asian-Pacific Economic Cooperation (APEC) - Association of South East Asian Nations (ASEAN) - Pacific Island Forum (PIF) capacity building events, namely, the Colloquium for Public Prosecutors and the Judiciary on IPR Enforcement in Kuala Lumpur, Malaysia, and the Workshop on the Border Enforcement of Intellectual Property Rights in Honolulu, Hawaii.   USPTO also conducted a two-week study tour program on IPR enforcement and the U.S. legal system for twenty-three (23) foreign government judges and prosecutors.   These are just a few examples of the wide range of programs the USPTO delivered both in the United States and overseas in 2009.

The full 2009 Performance and Accountability Report can be accessed here:

http://www.uspto.gov/about/stratplan/ar/2009/2009annualreport.pdf

In an effort to provide a more robust system for the provision of IP-related technical assistance to developing and least-developed countries, the USPTO has established the Global Intellectual Property Academy (GIPA) that functions to provide IPR training, capacity building, technical assistance as well as to create multilateral programs and country specific programs in U.S. and abroad.  In 2007, the USPTO completed construction of GIPA that includes a 20,000 square-foot training facility at its headquarters in Alexandria, Virginia.  Since then, the USPTO has held many global IP training seminars and sessions.  Through this dedicated space, the USPTO delivers targeted training to foreign IP officials that include foreign IP office administrators, examiners, judges, prosecutors, customs officers, and other government officials. 

One primary focus of GIPA is to offer capacity building and IP training programs in the U.S. and around the world on IP protection, enforcement, and capitalization.   In delivering capacity building programs, GIPA works closely with other U.S. government agencies, trading partners and international organizations.  For example, GIPA works with several other U.S. government agencies to provide adequate technical cooperation and assistance to developing countries.   Such agencies include, for example, the U.S. Department of Justice (DOJ), which focuses technical cooperation activities on providing strong IP enforcement; the U.S. Library of Congress Copyright Office, which provides technical assistance to help developing countries to developing and improve their copyright laws and enforcement mechanisms to address copyright infringements; the Department of Homeland Security Bureau of Customs and Border Protection (CBP), which provides assistance on custom law and border enforcement; the U.S. Agency for International Development (USAID), which funds and implements IP technical assistance generally as part of broader trade capacity-building programs at country level; and the Office of the U.S. Trade Representative (USTR), which enables developing countries to negotiate and implement market-opening and reform-oriented trade agreements as a critical part of trade capacity building.

Thailand's largest government research center, the National Science and Technology Development Agency (NSTDA) manages all of its IP through the NSTDA Technology Licensing Office (TLO). The TLO is the largest collection of IP management professionals in Thailand. These professionals work to manage, advise and commercialize the intellectual property coming out of the NSTDA. The goal of the TLO is to increase IP awareness, and encourage commercialization of IP to create jobs and increase the well-being of the populace. 

Nigerians like to say that not knowing Nigeria is like not knowing Africa. With a population reaching almost 150 million, Nigeria is the most populated country in the continent. Like many other African nations, disease, poverty and corruption burden its ability to develop and prosper. Although proportionally HIV/AIDS affects only 3.1% of its adult population, the number of people living with HIV/AIDS in Nigeria reaches 2.6 million, the second highest in the continent. Malaria affects 75% of its population, and claims 300,000 of its children each year. Its average yearly per capita income stands currently on $2,400, a fact, which puts most of its citizens below the poverty line. While one could go on and on with this grim picture of Nigeria, in the past decade signs of a different Nigeria emerges.

Simultaneously with the peaceful transfer from military to civilian rule in 1999, Nigeria has set its National Space and Research Agency. In 2003 the agency launched its first satellite and after few more launches, it is preparing to launch the first Nigerian astronaut to space by year 2015. Since the first production of a Nigerian film in 1960, Nollywood, the Nigerian film industry, reached in year 2008 top second worldwide in number of productions, slightly trailing Bollywood and way ahead of Hollywood. Today, Nigeria's education and research system includes 95 universities, 125 polytechnics, and 200 research institutions. Understanding that proactive measures are needed, Nigeria began in 2003 a privatization campaign. After privatizing its national telephone company, which managed in its 30 years of operation to set a total of 4500 telephone lines (in a country of more than 140 million), it reached in 2006, 32 million GSM accounts. Inflation reached by 2006 a single digit and its yearly GDP ranked at 6.5%, while the "recommended" OECD measure stood on 2.5%. Nigeria reduced its foreign debt, and the Foreign Direct Investment (FDI) grew from $6 to $18 billion. The Nigerian stock market reported 40% returns on investments in 2006, and Goldman Sachs forecasted in 2003 that by year 2050, Nigeria would be among the most economically successful nations worldwide.

Nigeria's leaders recognize the value of intellectual property (IP) and its potential in pushing the Nigerian economy forward. Quoted in the Daily Sun, President Yar'Adua said that "commercialization of research products is key to achieving Vision 2020...not commercializing means that we import everything we need." (4/30/09). Addressing issues such as macro-economy, infrastructure, education, health, agriculture and manufacturing, Nigeria's leaders hope that by year 2020 the country will be peaceful, harmonious and a stable democracy. Vision 2020 is their plan for reaching this goal. http://www.nv2020.org/.

Further proof for Nigeria's leaders' understanding of the importance of intellectual property and technology transfer to its economy was manifested in a recent meeting between WIPO's Director General, Mr. Francis Gurry, and Nigeria's President, in early September. President Yar'Adua confirmed that "Nigeria is fully committed to the ideals of WIPO and the protection and enforcement of IPR." The President also urged WIPO's DG to establish a training institute in the country in partnership with the Nigeria government. All Africa.com 9/2/09.

On November 10, President Obama announced his nomination of Dr. Rajiv Shah for Administrator of the United States Agency for International Development. Dr. Shah currently works at the U.S. Department of Agriculture as Chief Scientist and Under Secretary for Research, Education and Economics. While at USDA, Dr. Shah has directed the start of the National Institute of Food and Agriculture, an organization focused on bioenergy, sustainable food production, and nutrition.

            Dr. Shah previously was the Director of Agricultural Development at the Bill and Melinda Gates Foundation. In this role, he oversaw the management of a global vaccination fund. Dr. Shah also was a health care policy advisor for Gore's presidential campaign in 2000.

            Dr. Shah earned his M.D. from the University of Pennsylvania Medical School and a Master of Science in health economics at the Wharton School of Business. He is a graduate of University of Michigan. Several organizations have welcomed President Obama's selection of Dr. Shah and believe that Dr. Shah has the experience and necessary skills to be a great leader in global development.

For further information, please follow this link:

http://www.whitehouse.gov/the-press-office/president-obama-announces-usaid-administrator

 

References:

"Ex-Gates Foundation exec named foreign aid chief", Matthew Lee and Julie Pace, The Boston Globe, November 10, 2009, http://tiny.cc/3655E  

"President Obama Announces UASAID Administrator" Office of the Press Secretary, November 10, 2009, http://www.whitehouse.gov/the-press-office/president-obama-announces-usaid-administrator

"KITT", which stands for Knowledge and Innovation Technology Transfer is a "machine" designed to do two things:

1. Instill Technology Transfer knowledge; and
2. Support the set-up of sustainable institutions in developing countries.

 

The concept behind this "machine" is:

1. Find a developing country that is needs to boost its technology transfer capacity.
2. Identify partners within the country.
3. With their help, identify candidates to be put in the "machine."
4. Pursue discussion with partners regarding their needs, while candidates receive IP/TT education.
5. Address these needs together with the candidates.
6. Upon the candidates return to the home-country, support them with the set-up of the TTO.
7. Quality control - follow-up meetings and conferences.

 

Putting the moral and social validity of such a model aside, we should pursue it because:

1. It fits with the International Technology Transfer Institute's (ITTI) and Franklin Pierce Law Center's (FPLC) mission.
2. It seems to answer for the current needs of developing countries.
3. It has potential in generating a steady body of students.
4. It promotes a positive U.S. image around the globe and does more to promote our economy and our national security than the use of traditional foreign policy tactics.
5. Whether KITT manages to satisfy any of the above points or all of them, it promotes ITTI's name and credibility, and therefore FPLC's as well.

Law on Technology Transfer, No. 80-2006-QH11 (LTT) was enacted on November 29, 2006, and became effective on July 01, 2007. The purpose of LTT is to regulate "technology transfer activities in Vietnam, from Vietnam to overseas, and from overseas to Vietnam" (LTT Article 1). 

Before LTT was enacted, technology transfer in Vietnam was regulated by Decree No.11/2005/ND-CP (Decree 11), which was enacted on February 2, 2005. Although Decree 11 listed transferable and non-transferable technologies, the definition of "technology" was unclear. Under Decree 11, some restrictions were imposed on technology transfer agreements (TTAs). First, TTAs must be in writing and documents must be written in Vietnamese. If a party to the agreement is a foreign individual or organization, it is allowed to use commonly used language, such as English, in addition to Vietnamese. Second, except for some special cases, the duration of the agreement must be up to 7 years from the effective date of the agreement. Third, agreements on technology transfer to and from abroad must be registered. Such agreements become effective from the date of the registration.

LTT replaced Decree 11 and consolidated regulations on technology transfer. Unlike Decree 11, LTT clarifies the definition of terms used in the law. For example, "technology" is defined as "solutions, processes and technical know-how, whether attached or unattached to tools and facilities, used to convert resources into products" (LTT Article 3, Section 2). Compared to Decree 11, LTT gives more flexibility to TTAs. Under LTT, a form of an agreement may be in writing or "some other written form with equivalent validity such as a telegram, telex, facsimile or data message or other form as stipulated by law" (LTT Article 14, Section 1).  LTT allows contracting parties to choose the language of a TTA (LTT Article 14, Section 2). LTT also abolished the strict restrictions on the duration of TTAs. Moreover, under LTT, parties can agree on the effective date of the TTA (LTT Article 19, Section 1) and have no obligation to register the agreement (LTT Article 25, Section 1).

The full text of Decree 11 is available at: http://www.business.gov.vn/assets/f2baded2ce6642099c9714237d58832a.pdf

The full text of LTT is available at: http://www.alnguyen.com.vn/docs/images/04%20Law%20on%20TechnologyTransfer%202006.pdf