NSF, Gates Foundation policies on sharing data and intellectual property in agricultural basic research grant program (BREAD)

The US based National Science Foundation (NSF) and the Bill and Melinda Gates Foundation are collaborating on a program called Basic Research to Enable Agricultural Development (BREAD). A May 12, 2010 NSF announcement about the program is available here. This is NSF Press Release 09-053 from March 30, 2009, which includes an audio interview of Gates Foundation officials, and Press Release 10-082, which includes a link the grants made in fiscal year 2010.

BREAD is described by the NSF grant solicitation as follows:

Synopsis of Program:

The National Science Foundation (NSF) and the Bill & Melinda Gates Foundation (BMGF) are partnering to support a new research program to be administered by NSF. The objective of the BREAD Program is to support innovative scientific research designed to address key constraints to smallholder agriculture in the developing world. A significant distinction between BREAD and other NSF programs is that proposals to BREAD must make a clear and well-defined connection between the outcomes of the proposed research and its direct relevance and potential application to agriculture in the developing world. The BREAD Program will take the activities of the PGRP to the next level by supporting a broader range of scientific research and by enabling funding to be allocated to international collaborators through subawards.

The Program’s focus is on novel, transformative research at the proof-of-concept stage rather than its application or development. Especially encouraged are original proposals that address major constraints to the productivity of crops important to smallholder farmers, or on the development of novel and efficient production practices. Although the Program places an initial emphasis on crop improvement, it will also consider innovative research proposals from scientists in all fields of research and engineering as long as the proposed research is consistent with the Program objectives. Proposals are also expected to address project outcomes in the context of broader societal impacts, and as appropriate to the research proposed, engage international partners in scientific collaborations.

The applications for the grants are limited to U.S. based non-profit universities and research organizations. However, the applicant may collaborate with for-profit or foreign research institutions.

Organization Limit:

Proposals may only be submitted by the following:
Universities and colleges [universities and two- and four-year colleges (including community colleges) accredited in, and having a campus located in the US, acting on behalf of their faculty members. Such organizations also are referred to as academic institutions.]; US non-profit research organizations, including museums, research laboratories, professional societies; or similar organizations in the US that are directly associated with educational or research activities; or consortia led by the eligible organizations listed here.

A proposal from a consortium of organizations must be submitted as a single proposal with one US organization serving as the lead and all other organizations as subawardees. Separately submitted collaborative proposals will not be accepted and will be returned without review.

Subawards may be made to US or non-US academic institutions, research organizations, research laboratories, professional societies and similar organizations that are directly associated with educational or research activities.

As described below, in additional review criteria, “proposers are strongly encouraged to include one or more international collaborators.”

In cases where there is particpation by for-profit entities, the NSF requires the private sector to abide by program policy on intellectual property rights:

Industrial Collaboration: Private industry has already made a significant investment in plant genomic research. Innovative collaborations with industry are encouraged when they advance the goals of the program. Participation of a company as a provider of a service should be managed according to the submitting institution’s procurement policy. When private industry is involved, the proposer is responsible for ensuring that any intellectual property issues are handled according to the program policy (see section A-1 under Special Information and Supplementary Documentation below).

The BREAD program requires each applicant to describe “the management of intellectual property rights related to the proposed project, including plans for sharing data, information, materials, and/or any plans for protection of technologies or new devices resulting from the award with specific attention to the implications of data access for developing countries.:

A-1) Sharing of Results and Management of Intellectual Property (maximum 3 pages): Describe the management of intellectual property rights related to the proposed project, including plans for sharing data, information, materials, and/or any plans for protection of technologies or new devices resulting from the award with specific attention to the implications of data access for developing countries. This plan must be specific about the nature of the results to be shared, the timing and means of release, and any constraints on release. The proposed plan must take into consideration the following conditions where applicable:

  • Nucleic acid sequences must be released according to the currently accepted community standard (e.g. Bermuda/Ft. Lauderdale agreement) to public databases (GenBank, if applicable), as soon as they are assembled and the quality checked against a stated, pre-determined quality standard.
  • Proposals that would develop genome-scale expression data through approaches such as microarrays should meet community standards for these data (for example, Minimum Information about a Microarray Experiment or MIAME standards). The community databases (e.g. Gene Expression Omnibus) into which the data would be deposited, in addition to any project database(s) should be indicated.
  • If the proposed project would produce community resources (biological materials, software, etc.), NSF encourages that they be made available as soon as their quality is checked to satisfy the specifications approved prior to funding. The timing of release should be stated clearly in the proposal. The resources produced must be available to all segments of the scientific community, including industry. A reasonable charge is permissible, but the fee structure must be outlined clearly in the proposal. If accessibility differs between industry and the academic community, the differences must be clearly spelled out. If a Material Transfer Agreement is required for release of project outcomes, the terms must be described in detail.
  • When the project involves the use of proprietary data or materials from other sources, the data or materials resulting from BREAD-funded research must be readily available without any restrictions to the users of such data or materials (no reach-through rights). The terms of any usage agreements should be stated clearly in the proposal.
  • Budgeting and planning for short-term and long-term distribution of the project outcomes must be described in the proposal. If a fee is to be charged for distribution of project outcomes, the details should be described clearly in the proposal. Letters of commitment should be provided from databases or stock centers that would distribute project outcomes, including an indication of what activities would be undertaken and funds needed for these activities (if any).
  • The project should be aware of, and abide by, the general policies of NSF with respect to the patenting and licensing of any new technologies or devices that may be generated in the course of the project (see Award & Administration Guide, Chapter VI Section B. Intellectual Property).
  • In case of a multi-institutional proposal, the lead institution is responsible for coordinating and managing the intellectual property resulting from the BREAD award. Institutions participating in multi-institutional projects should formulate a coherent plan for the project prior to submission of the proposal.

The NSF also spells out the following Additional Review Criteria:

International Collaboration: Proposers are strongly encouraged to include one or more international collaborators as appropriate for the proposed research. Collaborations are encouraged that would build on the specific knowledge, local resources or agricultural needs of the international participants. Where applicable, proposed research activities should be coordinated with similar efforts in other countries to maximize efficiency and avoid unnecessary duplication of effort.

Data Sharing: Proposers are encouraged to consider project outcomes in the context of the broader international community and ensure maximal accessibility and visibility to all. Outcomes are expected to meet current community standards for genomics data and be deposited in long-lived community databases where appropriate.

Integration of Research and Education and Broadening Participation: Activities supported through the NSF-BMGF Program should provide an ideal environment for training young scientists in modern research technologies, introducing them to new paradigms in biology, and promoting increased participation by members of under-represented groups. NSF expects proposers to take advantage of the unique opportunities the proposed project provides in terms of education and incorporate these into the plan at a scale that is commensurate with the scale and scope of the proposed activity. Focused activities that fit well with the specific opportunities offered by the project would be viewed as a strength. However, projects that focus primarily on education or training are beyond the scope of the program and may be returned without review. Proposers are strongly encouraged to contact a Program Director for additional guidance.

Societal Impacts: Issues related to societal impact, including implications for developing country agriculture, should be addressed as an integral part of the proposal. These may be integrated into an education and/or outreach activity designed to communicate the significance of the outcomes to the end-users.

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