TECHNOLOGY TRANSFER MANAGEMENT IN PHARMACEUTICAL INDUSTRY THROUGH FREEDOM TO OPERATE (FTO) UTILIZATION

Intellectual property rights (IPR) particularly patent is one of important capital to enhance social, technological and economic development. Patent resulted by research and development activity (R&D) in creating technology. R&D institution like research institute, university and industry not always transferred and disseminated their technologies to other stakeholders. High cost in R&D activity and licensing cause of handicap in mastering and dissemination technology. One solution is freedom to operate utilization. Patent is a form of technology capitalization of an invention that has a time limit of protection. Along with expiration of protection, technology that previously had a certain exclusivity become public domain means that wider community can utilize these technologies freely. Based on principle of territoriality, patent is not registered in a country can also be used freely. Limitation of research funding and urgency of problems to be resolved in community then management tehnology transfer through utilization of patent by freedom to operate analysis is an appropriate strategy in order to provide wider benefits and solve problems faced by community. As we know that pharmaceutical industry is technology driven, research intensive, high profit-high risk, long process and duration. The development of each therapies and medicine take long time and phase. Therefore only developed country and multinational companies that able mastering pharmaceutical market and many countries only as consumers. Developing countries as consumers have not many choice to produce by themselves because of limitation in budget and technology. So, technology transfer by freedom to operate utilization is one way to shortcut the time and budget by developing countires to participate and take a part in pharmaceutical industry development. This study aimed to describe how to analyze freedom to operate status in pharmaceutical technology and which can be used to encourage technology transfer so that technology can be utilized by users. FTO needs comprehensive analysis : all IPR aspect, associated agreement and contracts such as license or material transfer agreement. But, in this study will focus patent aspect only. Dimension of FTO analysis divided by expiration of protection, teritorial protection and limited scope of claims. This study used qualitative research methodology with descriptive analysis approach literature studies and searching patent document in any database. The patent search should be systematic, structured, documented properly will result accurate data. FTO analysis sources from patent search be able to map and manage technology that have freedom to operate status in all therapies and medicines aspects particularly process, composition, formulation, methods, apparatus related in pharmaceutical industry and so that stakeholders especially developing countries can be absorb and utilized in order to accelerate technology transfer.