Commercial Imperatives Flashcards
What is IP?
‘Intangible creations of human intellect’
Eg. new knowledge and new ideas
What is IP rights (IPR)?
Property rights attaching to intangible intellectual outputs.
Legal protections for IP
Is jurisdictional( country by country) and exclusionary (right to exclude use by others not exploit claimed invention)
What can be protected?
Use of genetic sequences for desired traits, selection markers, control of gene expression(ie promoters), vectors.
Methods such as transformation systems in specific species, gene silencing/suppression, CRISPR
Products such as transformed cells and plants
Requirements for patenting
Novel
Inventive
Useful
Must provide enabling disclosure
What is ‘freedom to operate’ ?
Have all necessary IP permissions to market your product, in your target markets without infringing the IP rights of others.
Licences required to avoid breech of valid IPR
What is PBR?
Relates to variety. Excludes others from your variety.
20years from grant
What is patent?
Defined by claims. Prevents others from exploiting your invention.
20yrs from application date.
What are Trade Secrets?
Keeping invention methods a secret.
Limited protection(others may invents and patent so your use mag be blocked)
But not time-constrained, no need to divulge invention.
Why publish and exploit?
Cheap, prevents others patenting it, but no source of developmental costs.
