Abstract

This article presents an overview of appropriability conditions that are impacted by the Plant Variety Protection Law (LPC) in Brazil. The LPC was drafted in Brazil in 1997 after a long discussion that involved both international and national pressure for property rights regulations. The national perspective observed the sanction of this Law as an important strategy for bridging intellectual property rights and technological development. Although a new agricultural context was created by LPC, its efficiency in promoting appropriability for high yield varieties has been questioned and its capability of including the characteristics of agricultural cultures has been contested. David Teece’s approach on appropriability and complementary assets guides this analysis that also revises data provided by the National Plant Variety Protection from 1997 to 2016, and shows that although LPC have had an important role in institutionalizing high yield research and development in Brazil, it does not immediately guarantee appropriability.

Highlights

  • The means of economic appropriation of research and development (R&D) invested in the agricultural inputs were simultaneously strengthened with the innovation process that happened in agriculture since 1960

  • This paper focuses on the analysis of intellectual property rights applied to high-yield seeds

  • LPC promulgation marked a milestone in the national productive configuration and reflected a new architecture of Brazilian agricultural research

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Summary

Introduction

The means of economic appropriation of research and development (R&D) invested in the agricultural inputs were simultaneously strengthened with the innovation process that happened in agriculture since 1960 This period, known as the Green Revolution, introduced high yield varieties and new management methods, both dependent on the use of chemical inputs. The research organization at the time was an important condition to transfer agricultural technology and technical assistance programs among countries, with an important role for public research institutes (Parayil, 2003). This productivist model changed along with institutional and technological innovations, leading to the Gene Revolution in 1990. The theoretical contributions of David Teece (1986) and his discussion of the appropriability conditions and the role of complementary assets help us understand the importance of the appropriability regimes that define the strategies of plant breeding activities in their search for economic return

Appropriability conditions in agriculture
Hybrid market
Variety Market
Vegetables and Flowers Market
Overview of protected seeds in Brazil
Agricultural plant group
Vegetable crop
Findings
Conclusions
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