The Role of Intellectual Property Rights (IPR) in Biotechnology

Intellectual property (IP) rights have always been an important issue in the field of science and technology. When research findings result in commercially viable products, the need to establish legal ownership over the intellectual property behind the product has allowed the establishment of laws and regulations with regards to patenting. The commercialization of biotechnology products and processes certainly has allowed the acceleration of progress in the industry, while the commercialization exercise itself has also benefited from the patenting process with companies willing to take great risks in investing more funds into research and development for the prospect of receiving greater commercial benefits from legally protected products.

With the country making great strides in the field of biotechnology, there is an increasing need for specialist IP consultants, who are not only adept at maneuvering through the IP maze, but are also knowledgeable enough to understand the science behind the technologies. Founded upon the recognition of this need, KASS International Sdn Bhd is a firm of such specialist IP consultants that has managed to establish itself upon this niche, and provides a highly-specific consultancing service which allows its clients to establish their rights in protecting, exploiting and enforcing their IPs.

Biotechnology innovations can be generally grouped into three main categories; products, methods of use and manufacturing processes. Several conditions must be met for patentability, mainly that the invention should be new, industrially applicable, and non-obvious to skilled people of the field. A patent application should include several sections, like the technical field of the invention, a background description of the problems to be solved, how the invention is an improvement to previous art, a summary of the components, description of the invention and steps in its construction, and lastly, the claims that outline the elements protected by law. Hence, it becomes obvious that there is a need for consultants who are not only knowledgeable in law, but also have strong understanding of the area of technology.

According to Mr P. Kandiah, principal of KASS International, the role KASS takes is to provide “… a team of technical people, tasked to handle patents, trademarks, copyrights etc. with the knowledge to understand the details of the innovation. Only then are they able to draft the application to the customer’s needs as well as understanding the associated technical problems.” This was further accentuated with the attendance of the patent executive for biotechnology applications for the firm, Ms. Sushil Kaur. Ms Kaur has a Bachelor of Science with Honours in Biotechnology, as well as a Masters in Science in Genetic Engineering and Molecular Biology and thus is familiar with the various terminology and applications in biotechnology.

Mr. Kandiah

 
KASS International is also known for its experience in international filing and registration of trademarks in many countries. Their extensive network of associates allows them to protect the rights of their clients globally. It is through their vast experience, as well as the fully integrated approach in IP consultancy that has allowed KASS International to be recognized as one of the Top 10 IP firms in Malaysia.

However, does the current Malaysian legal system provide sufficient support for our fledging biotechnology industry?

Ms. Sushil Kaur
  
“Our current laws are actually adequate in protecting our innovations, however I do find the need for better infrastructure to support our system,” commented Mr. Kandiah. “For example, there is a general lack of publicity from institutes providing training in IPs. The lack of visibility could be a result of the lack of a strong push in this direction. Part of the patent procedure to claim patent rights on new microorganism requires a deposit of a viable sample of the microorganism in a public depository laboratory. Malaysia does not yet have a recognized public depository laboratory, neither is it a member of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Procedure. Hence, we can observe a lack of development in this direction.”

“I believe that with the advent of globalisation, our IP rights in the area of geographical indications are increasingly being threatened. How are we able to protect what is ours if we lack the organisation and infrastructure to?” he surmised. “Though we find that India is more susceptible, like in the case of Darjeeling tea, we also have our own Bario rice, Langkawi marble, Sarawak pepper, these are things we should be protecting” as Geographical Indications, not only in Malaysia but also in other countries where there is a market for these types of products.

Further, it seems that there is no strong move within the country for IP acquisition especially by the private sector. This, he attributes to a lack of local and foreign interest. The local industry is lacking in knowledge of patentable systems, as lack of R&D is common due to industry players opting to import technology instead.

“This is a downward spiral, as foreign investors look to the local companies and government in deciding whether to invest in the commercialisation of a technology developed locally, and when they see that local players are not even taking up the technology, no matter how novel or potentially profitable a technology may be, they are already questioning why the locals are not using it instead.”

There seems to be a distance still before Malaysia’s IP rights can be fully exploited. Huge investments and revenue hangs on the balance as we slowly find our way in establishing the profitability of our knowledge assets. However, with a company like KASS International and individuals like Mr. Kandiah and Ms. Kaur serving our industry, we are slowly working our way into establishing ourselves in the forefront of the biotechnology revolution.
   

For more information on KASS International, please click here
      By K. C. Liew for MABIC