Managing Intellectual Property Rights for Better Transfer and Commercialization of Agricultural Technologies

Abstract

Intellectual property rights (IPR) have become important in the face of changing trade environment and collapsing of geographical barriers to trade among nations due to globalization. Patent policies have historically been enacted to further national interests. Thus, developing countries in Asia must establish their own IPR regime, which is compatible with the framework of their constitution and as per the TRIPS regulations. Recent developments in agricultural technologies and biotechnology have opened new doors for seed developers and marketers. However, innovations in agricultural technologies and agricultural biotechnology cannot be treated at par in investments in R&D and innovation risks. The revolution in biotechnology and intellectual property protection began in the developed world. The benefits of agricultural biotechnology will proliferate in the developing countries only if they understand and manage IPR properly. When the rights to existing patents are needed to practice a technology, dominant and overlapping patent claims must be examined because it can affect the right to use downstream innovations. Hence, management and commercialization of these technologies must be considered seriously by developing countries in Asia, as the perceptions by publicly-funded institutions are not only driven by economic considerations but also depend on considerations of social obligations, political objectives and will of a nation. In the agricultural research sector, public research institutions have the responsibility to see research through to commercialization since the negative effects of IPR have been most apparent in the agricultural sector. Various options for licensing of agricultural technologies and incentive schemes for innovation related researches have been discussed in the paper.