Workshop. Licensing of Climate Change related Technologies to Developing Countries: Options and Challenges

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GREEN The Sustainable Technology Marketplace Workshop Licensing of Climate Change related Technologies to Developing Countries: Options and Challenges Geneva, 29

Outline Brazilian Trends in R&D - Incentives & Support Brazilian Innovation Law - Key Issues The Innovation Law Gaps for the NIT Eficiency Innovation Trends & Pitfalls: Cultural and Capacity building Financial & Technical Challenges: Prof of Concept & Prototypes

Brazilian Trends in R&D - Incentives and Support 1970/1980 Considerable Investment in Science & Technology without articulation with Technological Development & Innovation 1990 Specific programs and Institutions created: PADCT (TIB), FINEP-TEC, PDTI/PDTA to increase Technological Capability in Industry 1996-1998 New IP Legal Framework (Industrial Property, Authors Right, Software, etc.) 1998/1999 Government Programs to SURPASS the TECHNOLOGICAL GAP Special Funds for R&D Created

Brazilian GAP Scientific Knowledge X Innovation R&D & Innovation Brazil X World PIB 2% More then 200.000 researchers Scientific Publications 2,1% But Patents 0,2%

ROBUST BASE FOR INCREASING KNOWLEDGE GENERATION 40.000 35.000 Master s PhD s ~38 000 Masters in 2011 30.000 25.000 20.000 15.000 12.000 PhD s in 2011 10.000 5.000 0 fonte: Capes/MEC 87 88 89 90 91 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08

Relative Value EXPONENTIAL GROWTH OF KNOWLEDGE GENERATION 18 16 14 11.3% average increase / year 4.8 x world average and 2.6% of world production on 2011, 13 th position 12 10 8 6 4 Brazil World 2 1 0 1981 1984 1987 1990 1993 1996 1999 2002 2005 2008 Year

123 INCTs NATIONAL INSTITUTES OF SCIENCE & TECHNOLOGY Nuclear Sciences; 2 Others; 7 Oceanography; 3 Amazon; 7 Biodiversity & Environment; 7 Energy; 7 Agriculture; 9 Health Sciences; 39 Exact Sciences; 14 Social Sciences; 10 Bio / Nanotech; 11 IT & Communication; 7

IP in the Brazilian Universities and R&D Centres 50 s decade: CNPq and CAPES creation Until the 60 s: Teaching was the University Mission 1968: Research added to the University Mission 1975: Expansion of the University Mission Creation of the National Graduation System Governmental Support for Graduation and Research Lack of Articulation with Technological Development and Innovation 80 s decade: High Inflation / Reduction of R&D Investment 1 st. Attempts to install TTO in the Universities 90 s end: Stimulus to the University / Enterprise Partnership - Marginal Activity - Informal and sporadic - Absence of statistics - Lack of support for Technology Transfer Recognition of the University third Mission December/2004: Innovation Law issued Source: M. Elizabeth Ritter dos Santos National Coordinator of FORTEC - 2006/2010

BRAZILIAN STRATEGIC NATIONAL NETWORK OF IP, TT & INNOVATION MANAGERS www.fortec-br.org 2002: 26 IP & TT Offices in Brazilian Universities and Research Centres (Survey of INPI & FINEP); 2004: Innovation Law Law 10.973/2004 - Incentive for Innovation in the Productive Sector; 2006: FORTEC established on May 1 st, with 43 affiliates; FORTEC: Representative body of TTO from Public & Private Universities and Research Centres that are responsible for Innovation Policies and all activities related to IP &TT management; FORTEC Goals: Commitment with the dissemination, promotion, and enforcement of the culture and best practices, as well as in training activities concerning to IP & KT in the Brazilian Universities and Research Centres.

FORTEC - Created in 2006 with 43 affiliates 204 in 2012 North: 23 Northeast: 47 10 30 5 20 10 0 N 0 NE Midwest: 20 6 4 2 0 CO Federal Universities State Universities 40 South: 50 25 20 15 10 5 0 SE Southeast: 64 Private Universities 20 R&D Centres 0 S

THE PERFORMANCE OF FORTEC TTO MEMBERS 35.4% annual growth in the number of affiliated TTO (from 43 in 2006 to 204 in 2012); Significant increase in the number of patent applications and issued abroad: from 47 patents application in 2006 to 134 in 2011; Royalty revenues received by FORTEC TTO members reached USD 101 million from 2006-2010; Signed MOU with National INPI, ANPROTEC, ANPEI, and International Organizations, such as AUTM (USA), Praxis-Unico (UK), Réseau C.U.R.I.E (France) and Red OTRI (Spain).

Brazilian Innovation Law Key Issues Public-Private Cooperation by making it easier for Enterprises, Public & Private Universities & Research Centres to share resources, raise capital & settle IP rights 8 Key Provisions: 1. Public Research Centres are permitted to share their Laboratory facilities with Private-Sector Enterprises; 2. Public Research Centres & Private Enterprises are permitted to enter into Capital Relationship, for the purpose of R&D; 3. Public and Private Partners may specify the ownership of any future IP Rights by Contract; 4. Public Research Centres and their Employees must protect Trade Secrets associated with their cooperative research; 5. Public Research Centres & Universities may license their technologies to private Enterprises; 6. Individual Public Researchers may share IP economic returns associated with the successful commercialization of their research results; 7. Public Researchers may take leave from their public position in order to create a new venture or to work for a private enterprise; 8. Government Development Agencies provide financial and human resources assistance in support of Private Sector R&D. November 2013

Brazilian Innovation Law - NIT=TTO Creation&Mission NIT Mission according the Innovation Law: 1. Institutional IP & TT & Innovation Policy guardian; 2. R&D Activities & Projects Results Evaluation/Classification; 3. Evaluation of Independent Inventor demands for Sponsorship; 4. Institutional IP Protection Evaluation & Protection Activities; 5. Evaluation of R&D Results Publication if Protection is feasible; 6. Adoption of Procedures for Protection & Maintenance of all kinds of IP at the Institution. Additional Tasks / The FORMICT - Governmental Metrics 7. Innovation & Entrepreneurship at the Institution and Region; 8. Support & Promotion of Innovation Activities at the Institution & Region; 9. Promotion and support of the University-Enterprise Partnership.

The Innovation Law Gaps for the NIT Eficiency PL 2.177 & National Sistem for Innovation According to the Innovation Law and other procedures The NIT is expected to be a Promoter of the Development based on Knowledge & Innovation without Law enforcement for: Adequate Infrastructure; Managerial Position & Staff stable and with adequate Capacity; Independent Budget; Simple and Efficient Decision Making Process. FORTEC is working to guarantee, in the PL 2.177, for the NIT: Managerial and Staff positions stable & with adequate Capacity; Empowerment for the NIT Manager & Adequate Procedures; Harmonization of the Legal Framework; Independent Budget.

Innovation Trends & Pitfalls Innovation Law & Fiscal Incentives Law enacted but: Lack of Law Enforcement; Difficult Management of IP co-ownership; Lack of Professional Capacity at the Legal and Governmental entities; Very high expectation on royalties income; Lack of IP Cultural Knowledge in ICT & most Enterprises; Lack of Proof of Concept Funds pre-tech transfer; Lack of Lab-infrastructure outside ICT & High Potential Conflict of Interest.

Thank you! Shirley V. Coutinho Executive Manager of PUC - Rio Innovation Agency Rua Marquês de São Vicente, 225 Edifício Cardeal Leme 12 º andar 22453-900 - Gávea, Rio de Janeiro, RJ, Brasil shirley@puc-rio.br www.agi.puc-rio.br