Frequently Asked Questions

What is intellectual property?
How do intellectual property laws work?
Who is responsible for creating intellectual property laws?
What is a patent?
What are trademarks and service marks?
What is a copyright?
What is a trade secret?
What is a license in relation to intellectual property?
What is a material transfer agreement?
Do intellectual property laws accommodate advances in technology and creativity?
Are intellectual property laws necessary for technology transfer?
What is traditional knowledge?
What is bioprospecting and how does it relate to biopiracy?
Do intellectual property rights hinder the dissemination of information?
What is an open source software license?
What is Background IP?
Where can I find the In-trust Agreements between the International Agricultural Research Centres and the FAO?
Where can I find the Convention on Biological Diversity referred to in Recital E of the Consortium Agreement?
What is the Annual Consortium Member?s Agreement referred to in Clause 5.3 of the Consortium Agreement?
What is the individual agreement with host agent referred to in Clause 5.3 of the Consortium Agreement?
Where can I find the Management Structure of the GCP referred to in Clause 6 of the Agreement?
Where can I find the Role of the Program Steering Committee referred to in Clause 9 of the Agreement?
Where can I find the agreement binding a member of a non-advisory committee to the Consortium Agreement, referred to in Clause 12.2 of the same?
Where can I find the Challenge Program Director?s Role referred to in Clause 13.2 of the Consortium Agreement?
Where can I obtain a copy of the form of licence referred to in Clause 22.5 of the Consortium Agreement?
Where can I see the Challenge Program Results referred to in Clause 23.1 of the Consortium Agreement?
Where can I find a copy of the Material Transfer Agreement endorsed by the FAO Commission, referred to in Clause 23.4 of the Consortium Agreement?
Where can I find the Form re: IP Management referred to in Clause 25 of the Consortium Agreement?
Where can I find the confidentiality agreement referred to in Clause 27.1 of the Consortium Agreement?
Where can I find the guidelines on public announcements referred to in Clause 28.2 of the Consortium Agreement?
Where can I find the GCP logos that I can use in accordance with Clause 28.3 of the Consortium Agreement?
Where can I find the guidelines for addition of new Consortium Members and Supporting Participants, referred to in Clause 30(a) of the Consortium Agreement?
Where can I find the guidelines for rights and obligations of Supporting Participants, referred to in Clause 30(b) of the Consortium Agreement?
Where can I obtain the addresses of the Consortium Members referred to in Clause 38.1 of the Consortium Agreement?
Where can I find the form of sublicense referred to at Clause 39.4 of the Consortium Agreement?
Where can I find general Intellectual Property know-how for my knowledge?


What is intellectual property?
See the WIPO definition of intellectual property at: http://www.wipo.int/about-ip/en/

How do intellectual property laws work?
The WIPO Intellectual Property Handbook offers a comprehensive introduction to the policy, law and use of IP.

Who is responsible for creating intellectual property laws?
The development of international intellectual property laws is one of the responsibilities of the WIPO through the coming into force of treaties and conventions.

Domestic intellectual property laws are created by the legislature of each jurisdiction, either independently or by the local adoption of an international treaty.

What is a patent?
A patent is an exclusive right granted for an invention which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem. A patent provides protection for the invention to the owner of the patent. It provides the right to exclude others from making, using, selling, offering for sale, or importing patented invention. Patent licensing agreements are contracts in which the patent owner(the licensor) permits the licensee(the license taker) to use the invention. Enforcement only in national jurisdictions where the patent rights have been awarded for a particular invention.

What are trademarks and service marks?
Trademarks and service marks are distinctive signs which are used by a business to identify itself and its products and services to consumers. Conventionally, a trademark or service mark comprises a name, word, phrase, logo, symbol, design, image, or a combination of one or more of these elements. In some countries, a trademark used to identify a service rather than a product is called a service mark.

What is a copyright?
A copyright is a set of exclusive rights to regulate the use of a particular form, way or manner in which an idea or information is expressed. These include literary works, movies, sound recordings, photographs and software.

What is a trade secret?
Confidential information held by you or another party. It can be a confidential practice, method, process, design, or other information that gives the owner an opportunity to obtain an advantage over competitors who do not know or use it. Trade secrets are not protected by law in the same manner as trademarks or patents. A trade secret is protected without disclosure of the secret. Disclosure of a trade secret can result in criminal prosecution (theft) statutes. Enforcement of trade secret law is very much dependent upon national law. Although, TRIPS has set some minimum standards.

What is a license in relation to intellectual property?
A license is a legal permission from a patent owner to practice an invention. It?s a contract which allows the licensee (the one obtaining the license) to use a particular IP. Please provide information about your license conditions such as:

• Whether the license is exclusive or non-exclusive;
• Whether the license grants you the right to license to other users (right to sublicense);
• Whether the license is limited to specific uses or applications (e.g. ?only for non-commercial purposes? or ?only for the transformation of ZeaMays?)
• These types of conditions are often called ?field of use restrictions?.

What is a material transfer agreement?
A material transfer agreement defines the terms under which research materials are exchanged between investigators and institutions for the purpose of research. MTA?s can apply to materials provided to the Generation Challenge Program Activities. The transfer of material to you from another party may include certain restrictions or conditions for its use (e.g.?can only be used in accordance with FAO guidelines on designated germplasm?, or ?recipient must make any research results freely available to the public everywhere?). Therefore please include information on any restrictions or conditions that may impact the Consortium?s bility to either make the research results freely available everywhere or its ability to protect the research results using IP.

Do intellectual property laws accommodate advances in technology and creativity?
Not yet available.

Are intellectual property laws necessary for technology transfer?
Not yet available.

What is traditional knowledge?
This form of asset focuses on the use of knowledge such as traditional technical know-how, or traditional ecological, scientific or medical knowledge. This encompasses the content or substance of traditional know-how, innovations, information, practices, skills and learning of TK systems such as traditional agricultural, environmental or medicinal knowledge. Such as:

• The San people use hoodia cactus to stave off hunger while out hunting
• Sustainable irrigation is maintained through traditional water systems such as the aflaj in Oman and Yemen, and the qanat in Iran.
• Cree and Inuit maintain unique bodies of knowledge of seasonal migration patterns of particular species in the Hudson Bay region.

What is bioprospecting and how does it relate to biopiracy?
Not yet available.

Do intellectual property rights hinder the dissemination of information?
Not yet available.

What is an open source software license?
See the Wikipedia definition of an open source license at: http://en.wikipedia.org/wiki/Open-source_license

What is Background IP?
Background IP is any Intellectual Property which was developed outside the Challenge Program Activities and is provided by a Consortium Member. The Consortium Member who made available the Background IP as in-kind Contributions in the conduct of the Activities of the Challenge Program has to warrant that heshe has the right to control, or is the owner, or is otherwise entitled to provide this Background IP. The provider has furthermore to make sure that the IP is not encumbered. One can either be the owner of the IP or be in control of the IP through an exclusive license which means that the rights are vested in a single entity and thus the holder can make the IP available.

Where can I find the In-trust Agreements between the International Agricultural Research Centres and the FAO?
You can find it here: In-Trust Agreement

Where can I find the Convention on Biological Diversity referred to in Recital E of the Consortium Agreement?
You can find it here: Convention on Biological Diversity

What is the Annual Consortium Member?s Agreement referred to in Clause 5.3 of the Consortium Agreement?
The Annual Consortium Member?s Agreement is one of the following agreements:
(a) the Competitive Grants Contract, which can be found at: Competitive Grants Contract; or
(b) the Commissioned Research Contract, which can be found at: Commissioned Research Contract,
And both contracts should include the following set of Terms & Conditions: Terms & Conditions.

What is the individual agreement with host agent referred to in Clause 5.3 of the Consortium Agreement?
The form of individual agreement is identical to the form of Annual Consortium Member?s Agreement in Question 4 above.

Where can I find the Management Structure of the GCP referred to in Clause 6 of the Agreement?
Not yet available.

Where can I find the Role of the Program Steering Committee referred to in Clause 9 of the Agreement?
Not yet available.

Where can I find the agreement binding a member of a non-advisory committee to the Consortium Agreement, referred to in Clause 12.2 of the same?
Not yet available.

Where can I find the Challenge Program Director?s Role referred to in Clause 13.2 of the Consortium Agreement?
Not yet available.

Where can I obtain a copy of the form of license referred to in Clause 22.5 of the Consortium Agreement?
Not yet available.

Where can I see the Challenge Program Results referred to in Clause 23.1 of the Consortium Agreement?
Not yet available.

Where can I find a copy of the Material Transfer Agreement endorsed by the FAO Commission, referred to in Clause 23.4 of the Consortium Agreement?
You can find it at: SMTA

Where can I find the Form re: IP Management referred to in Clause 25 of the Consortium Agreement?
Not yet available.

Where can I find the confidentiality agreement referred to in Clause 27.1 of the Consortium Agreement?
You can find it at: Visitors Confidentiality Agreement

Where can I find the guidelines on public announcements referred to in Clause 28.2 of the Consortium Agreement?
Not yet available.

Where can I find the GCP logos that I can use in accordance with Clause 28.3 of the Consortium Agreement?
You can find the GCP logos at: GCP Logos

Where can I find the guidelines for addition of new Consortium Members and Supporting Participants, referred to in Clause 30(a) of the Consortium Agreement?
Not yet available.

Where can I find the guidelines for rights and obligations of Supporting Participants, referred to in Clause 30(b) of the Consortium Agreement?
Not yet available.

Where can I obtain the addresses of the Consortium Members referred to in Clause 38.1 of the Consortium Agreement?
Not yet available.

Where can I find the form of sublicense referred to at Clause 39.4 of the Consortium Agreement?
Not yet available.

Where can I find general Intellectual Property know-how for my knowledge?
You can find a compilation of websites that will give you sufficient general Intellectual Property and GCP-specific knowledge at: IP Information