Use what is in your hands: IP Management in Uganda and Modern Biotechnology 

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However, IP has not been fully understood and truth be told, it is not easy to understand and still sounds alien not only in the developing world but also in the developed countries although they are several steps ahead. In simple terms, Intellectual assets (IA) have everything to do with the intellect - the brain; they are the things or items produced by using ones mind/ideas.  Intellectual property (IP) is a subset of intellectual assets.  Intellectual property is those assets that have been protected under laws that give the originator(s) certain rights over their creations/products. The primary reason for management of intellectual assets and intellectual property is to facilitate the use of the outputs or products of R&D while at the same time the brains behind the IP and its financiers benefit.

Modern biotechnology and IP are Siamese twins and separating them would be risking investments in terms of time and money and even litigation for infringement. Some arguments have been fronted on the negative effects of IP to the development of modern biotechnology especially in developing countries however the flip side is that to be able to collaborate with partners who are more advanced in this field to transfer technology and skills, IP cannot be divorced from the process. Uganda’s IP legal and regulatory framework is porous however this doesn’t mean that it can’t work. The country for example lacks an explicit policy and/or strategy on IP management and the country is still in the process of reviewing her laws in this area some of which date as far back as before 1964 but here’s how even with the current regime, researchers particularly those in the area of modern biotechnology can exploit opportunities.

Researchers should make use of ‘patent mining’ – establishing what has already been done in your area of interest because after a patent has been granted for a particular product or process, information about it is put in the public domain. It is therefore necessary to carry out ‘freedom to operate’ searches, so that researchers know in which areas they are free to operate  or they may even decide to ‘patent around’ the existing protected area or chose another area of research altogether. As earlier mentioned, proceeding with research in the absence of this risks investments in terms of time and money and even litigation for infringement.

Agreements and contracts are a vital part of R&D in these times when the global economy is knowledge based but this culture hasn’t yet fully caught up with the Ugandan research community. A study by the Uganda National Council for Science and Technology in 2003 on Product Development Partnerships in Uganda reviewed 4 public-private partnerships and in only one case, a Memorandum of Understanding was executed while the other partnerships were informal leading to not so profitable collaborations. A research agreement, memorandum of understanding or any form of relevant contract is essential for spelling out rights and obligations of each party involved.

In exchanging research material, material transfer agreements between the parties must be in place. Many researchers try to avoid this process labeling it bureaucratic but it is a welcome fallback position in case of conflict or even in its absence. Clauses should be carefully studied and crafted and explore opportunities for staff exchange programmes and training, transfer of equipment and skills and even co-ownership of patents and other IP rights as opposed to fixating oneself on co-publishing.

Any serious R&D institution needs to put in place an institutional IP policy; policies need not be pages on pages of political gibberish but simply and precisely a framework on how to do what you want to do. Institutional IP policies are a sign of internal coherence and this is attractive to collaborators and funders; staff and the institution also know procedures to follow, what is expected of them and their portion. They also spell out who enters into contract on behalf of the institution. In their absence valuable intellectual assets often remain on the laboratory shelves or is sold for ‘trinkets and salt’ to someone more foresighted who will reap astronomically from it.

With Uganda’s IP regime, protection can be sought even at international level. The main hindrance has been funding for this process but other innovative ways of doing this have come up such as auctioning of IP(mainly patents) for subsequent protection , some funding can also be got online by solving technical problems for ‘seekers’ . The few researchers working in Uganda who have had the miracle of getting patents (why is the culture of innovation low in this country or is it not?) should do away with the misconception that these certificates are like the academic ones which need to be kept probably hang on the wall of your house and dusted once in a while. If you can’t afford to roll out your invention which is the case most times because researchers are rarely business men/women, there’s no harm in assigning your rights to someone with the passion and financial muscle. The country needs to seriously consider setting up a fund to offer grants for IP protection as a means of promoting innovation.

In the face of globalization, Uganda cannot bury her head in the sand and ignore IP especially now that she is actively involved in biotechnology. However at this stage the country needs to concentrate on aspects that address her current needs. Focus should be on building IP systems which entails developing a national policy and strategy, awareness creation and sensitization, IP training and capacity building, establishing IP management offices at lead R&D institutions among others. While this is ongoing, researchers on their part should exploit the small but significant opportunities available.

Written By

Catherine Munabi Tukacungurwa

Head Scientific and Industrial Policy Unit

Uganda National Council for Science and Technology