Global Access

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Introduction

Global Access: the foundation’s Approach to Managing Innovation

At the Gates Foundation, we believe in the transformative power of innovation. We are constantly pushing ourselves and our partners for new solutions to improve global health, to alleviate hunger and poverty in the developing world, and to improve access to quality education. By working together to apply creative thinking to enormous challenges, we believe that we all can fix some of the world’s toughest problems.

Innovative solutions to these problems often come in the form of new technology. But none of these innovations will make any difference in the lives of the people who need those vaccines, those seeds, those toilets, unless these innovative products actually reach them. So our ultimate objective is to make sure that the people we are trying to reach actually receive the innovative products that our partners are developing. This is part of a concept developed by the foundation called "Global Access."

Specifically, Global Access means that knowledge and information generated by our projects will be promptly and broadly disseminated and that the developments created will be delivered at an affordable price to the people who need them most.

A Comprehensive Approach

To ensure that access, we adopt a comprehensive approach that spans the full product development life cycle, from discovery through to delivery. We challenge partners to formulate sustainable strategies for ensuring that the product reaches our target beneficiary markets while taking advantage of profits that may be generated in other markets. An important part of these strategies is the management of any Intellectual Property that arises from the work we fund. Such strategies allow for IP protection when it is demonstrated that it will support and sustain the foundation's Global Access objectives.

In the end, we want to make sure that the products developed with our funding actually enter the markets we serve - the charitable markets - and is of real and meaningful benefit to those populations. For us, that's where the real results lie.

This training is intended to help you understand the role of Intellectual Property rights in the foundation’s approach to achieving Global Access.

We believe in the power of innovation to solve problems

Gates Foundation

Global Access

The Role of IP in Global Access

Global Access is a creative concept we came up with in 2003 that requires our grantees and partners to commit to making the products and information generated by foundation funding widely available at an affordable price, in sufficient volume, at a level of quality, and in a time frame that benefits the people we're trying to help. What role does Intellectual Property play in the foundation's approach to furthering Global Access? Intellectual Property provides a great opportunity to think creatively and strategically about how we can reach our ultimate beneficiaries. The careful and deliberate management of IP (patents, copyrights, trademarks, trade secrets, and rights in data) and the associated rights created or accessed through foundation-funded projects, is a critical component to achieving Global Access. Global Access commitments also apply to collaborations with for-profit entities. Whether it is a groundbreaking diagnostic tool or a new toilet that does not require a sewer connection or electricity, they are allowed to sell what they develop with foundation funding at a profit in the developed world, as long as the products are made available to the people who need them most.

Obligations

In the spirit of establishing attainable and meaningful goals, the foundation strives to right size Global Access obligations for each of our partners. Global Access obligations are specific to each project, depending on a number of factors, including foundation goals and needs, project duration, engagement model (i.e., grant, contract or program-related investment), partner alignment, complexity and scope of project, stage, presence and nature of Background IP or Background Third Party IP involved, future use of Funded IP, and the structure and experience of the partners involved.

Approach Flexibility

Although Global Access is specific as to its outcomes, it is flexible in its approach. The range of Global Access obligations may include a basic Global Access clause, the foundation taking a non-exclusive license to the Funded IP, or a requirement that the partner satisfy certain specific Global Access milestones. Such milestones may consist of establishing certain agreements among project partners, acquiring the IP license rights to particular technology necessary to successfully conduct the project and develop a product, or developing a project-specific "Global Access Strategy."

Global Access Strategy

In general, the IP piece of a Global Access Strategy addresses:

  • Identification of Background IP and specific strategies to ensure sufficient access to that Intellectual Property.
  • Agreements and/or procedures for transfers of materials and data among project participants.
  • Reporting processes to both the project management team and to the foundation, as well as the process for publishing and disseminating the knowledge and information gained from the project.
  • Strategies to secure, manage, and allocate Intellectual Property rights associated with the Funded Developments or Background Technology in a way that ensures Global Access while providing incentives for future potential private sector participation.
  • Anticipated development, commercialization, and sustainability strategies during and after the project to ensure that Global Access can be met.

Global Access Strategy, Continued

In this way, the foundation relies on our partners to develop creative solutions, not just in terms of the technology solution that may be needed. We also challenge partners to formulate sustainable strategies for ensuring that the product reaches our target beneficiary markets. For the sustainability of the project, we encourage partners to consider IP assets arising from the foundation-funded project in terms of how they might create incentives for all the parties along the value chain.

The foundation also takes a pragmatic approach to the management of IP Rights. Effective management of IP to achieve Global Access still allows for commercial opportunities and formation of unique and powerful collaborations.

The Power of Partnership

Partnerships and collaborations are a critical element of the foundation's strategy because we believe in their power to expand the reach and depth of our work. We seek collaborative partnerships with those that have the tools and infrastructure to bring about the changes that will enable all people to live healthy and productive lives. Partnerships enable us to draw on the unique talents, resources, and know-how of industry, academia, and the public sector to better serve our intended beneficiaries.

IP Rights are often seen as an insurmountable obstacle to a collaboration or partnership. However, when structured from the beginning with the guiding principles of Global Access, the perceived barriers raised by IP Rights are lowered, allowing for unique partnerships that can immensely benefit the charitable markets that the foundation seeks to serve.

Charitable Markets and Commercial Opportunities

We recognize that many of our investments will result in new technologies, and that these technologies may well have applications for wealthy as well as poor markets. Since our grant-making model provides for our grantee partners to typically own the results, we want to talk candidly about how a grantee partner will manage these potential IP assets to achieve project-specific objectives and to advance the foundation’s charitable mission.

An "incidental private benefit" that might result from the commercial application of these dual market applications is fine, as long as the charitable purpose of the project remains the central focus and top priority for all partners. We also recognize that free market forces will not take care of our target beneficiaries. In fact, that’s precisely why we’re doing what we do at the foundation: intervening where the market is not reaching the poorest people in the world.

When strategically managed, new IP means we have new opportunities to assure products and solutions will reach our target beneficiaries in poor or charitable markets.

Fundamentally, we respect our partners’ and others’ IP Rights. We ask our partners to be aware of the IP Rights of third parties, working with them to gain the access needed to make sure that the results of foundation-funded projects can be developed for our charitable markets without encumbrances.

Global Access In Action

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We think an essential role of philanthropy is to make bets on promising solutions that governments and businesses can’t afford to make.

Gates Foundation

Glossary

"Global Access" means: (a) the knowledge and information gained from the Project will be promptly and broadly disseminated; and (b) the Funded Developments will be made available and accessible at an affordable price (i) to people most in need within developing countries, or (ii) in support of the U.S. educational system and public libraries, as applicable to the Project.
"Funded Development" means the products, services, processes, technologies, materials, software, data, other innovations, and Intellectual Property resulting from the Project (including modifications, improvements, and further developments to Background Technology).
"Funded IP" means Intellectual Property covering any and all products, services, processes, technologies, materials, software, data or other innovations resulting from the project (including modifications, improvements and further developments to Background Technology).
“Funded IP” means IP covering any Funded Development.
"Background Technology" means any and all products, services, processes, technologies, materials, software, data, other innovations, and Intellectual Property created by you or a third party prior to or outside of the Project used as part of the Project.
"Background IP" means Intellectual Property covering any and all products, services, processes, technologies, materials, software, data or other innovations that are created by you or a third party prior to or outside of the Project used as part of the Project.
“Background IP” means IP covering any Background Technology.
"Background Third Party IP" means Background IP owned by a third party.
"IP Rights" (or "IP" or "Intellectual Property") means Intellectual Property and all associated rights, applications and registrations, including patents, copyrights, trademarks, trade secrets and rights in data.

Our grantees and partners are at the core of our mission and work. We are most effective when we are working together with partners to achieve the shared impact we all desire.

Gates Foundation

Contact Us

We welcome any questions and all feedback you have about Global Access. You can reach us directly at [email protected].