33 - Intellectual property rights of biotechnologically improved plants

Abstract

Publisher Summary While the private sector primarily focuses on classical cash crops where markets are large, the public sector is often left to develop biotechnologies for small, specialty crops that are important to developing countries. Protecting the intellectual property (IP) in agricultural biotechnology helps accelerate economic and social development. However, there are IP concerns in developing countries and a need for greater protection and access. This chapter reviews the major types of IP in agricultural biotechnology with reference to rights and requirements for protection. The rights and requirement include: plant breeder's rights, plant variety protection (PVP), plant patents, utility patents, gene patenting, material transfer agreements (MTAs), trademarks, trade secrets, know-how, and geographical designations of origin. An overview of IP-related technology transfer (TT) is provided, shedding light on the freedom-to-operate (FTO) and risk-management issues that are critical to scientists. A case study based on an FTO analysis is followed by a discussion of important concerns raised by developing countries related to IP protection and access. The strengthening of IP protection and access necessitates a strong collaboration between the public and private sectors, with the public sector pursuing IP protection as vigorously as the private one.