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Licensing Agricultural Intellectual Property: How Should Public R&D Institutions In Developing Countries Respond?

Author

Listed:
  • JANE G. PAYUMO

    (Washington State University, Pullman, WA 99163, USA)

  • HOWARD D. GRIMES

    (Washington State University, Pullman, WA 99163, USA)

  • KEITH J. JONES

    (Washington State University, Pullman, WA 99163, USA)

Abstract

In the 21st century, licensing is the most common vehicle by which Intellectual Property Rights (IPR), especially for agricultural biotechnology, are transferred from inventors to users. In this paper, we argue that due to the strong association between IPR and agricultural biotechnology, technology transfer (e.g., licensing), needs to be conducted differently for agricultural biotechnology products. We examine two important licensing mechanisms: the patent license and material transfer agreements, and their unique features, and issues associated with their use. And yet, it's important to note that these legal instruments for agricultural biotechnology are contextual, case-specific, and may even be country-specific. We hope that this paper can serve as a starting point for discussion, and/or a guide for public research institutions in developing countries to more effectively use these technology transfer tools. We also present a few case examples that highlight the experiences of other national research institutions in handling these legal mechanisms. Learning from these experiences may help other institutions maximize benefits while minimizing cost and risk under the new context of technology transfer for agricultural innovations.

Suggested Citation

  • Jane G. Payumo & Howard D. Grimes & Keith J. Jones, 2012. "Licensing Agricultural Intellectual Property: How Should Public R&D Institutions In Developing Countries Respond?," International Journal of Innovation and Technology Management (IJITM), World Scientific Publishing Co. Pte. Ltd., vol. 9(04), pages 1-24.
    • Handle: RePEc:wsi:ijitmx:v:09:y:2012:i:04:n:s0219877012500289
    DOI: 10.1142/S0219877012500289
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    References listed on IDEAS

    as
    1. Cohen, Joel & Komen, John & Zepeda, Jose Falck, 2004. "National agricultural biotechnology research capacity in developing countries," ESA Working Papers 23790, Food and Agriculture Organization of the United Nations, Agricultural Development Economics Division (ESA).
    2. Joel Cohen & John Komen & José Falck Zepeda, 2004. "National Agricultural Biotechnology Research Capacity in Developing Countries," Working Papers 04-14, Agricultural and Development Economics Division of the Food and Agriculture Organization of the United Nations (FAO - ESA).
    3. Díaz, Carolina Lasén, 2005. "Intellectual Property Rights and Biological Resources: An Overview of Key Issues and Current Debates," Wuppertal Papers 151, Wuppertal Institute for Climate, Environment and Energy.
    4. GianCarlo Moschini, 2001. "Patents and Other Intellectual Property Rights," Center for Agricultural and Rural Development (CARD) Publications 01-wp275, Center for Agricultural and Rural Development (CARD) at Iowa State University.
    Full references (including those not matched with items on IDEAS)

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