Agriculture and intellectual property rights: economic, by Vittorio Santaniello, Robert E Evenson, David Zilberman,

By Vittorio Santaniello, Robert E Evenson, David Zilberman, Gerald A Carlson

This e-book has arisen from the convention entitled 'The form of the arrival agricultural biotechnology transformation: strategic funding and coverage methods from an monetary viewpoint' convened through the overseas Consortium on Agricultural Biotechnology learn (ICABR), held in Rome, June 17-19, 1999. Papers are divided among 4 sections protecting: criminal structures (5 papers); fiscal concerns (5 papers); biotechnology innovations (2 papers); and case stories (2 papers)- North the US and Canada. on hand In Print

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The following is a checklist of features that could be considered in establishing IPR for plant technology innovations: 1. Plant breeders’ rights, such as Plant Variety Protection Certificates, could be adopted which include appropriate exemptions to balance private and public interests. 2. The utility patent laws could be modified to include the exemptions now included under the US Plant Variety Protection Act, namely (i) a crop replanting exemption for farmers; (ii) a research exemption; and (iii) a public policy exemption allowing the government to require availability of sufficient seed stock to provide food needs.

A more active industrial policy needs to be implemented to create the other complementary conditions. Among them are the availability of risk capital, an appropriate tax policy, a greater uniformity in the regulation of R&D among the different Member States, a greater transparency in the application of the European Directives and a simplification of the approval procedures for the GMO. In the USA, venture capital has played an effective role in providing the financial resources for this risky industry.

Concern has been expressed that a comprehensive utility patent system covering plants could lead to private companies using their patents to block certain uses of this gene material and thereby retard plant research efforts based on these publicly available gene material sources. This concern is understandable, but somewhat misplaced because of the (i) novelty, (ii) inventive step, and (iii) enabling disclosure requirements of a properly administered patent system. The novelty requirement assures that no patent system permits monopolizing what is old.

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