IDEAS home Printed from https://ideas.repec.org/a/eee/worpat/v22y2000i1-2p43-52.html
   My bibliography  Save this article

Intellectual property rights: mothering innovations to markets

Author

Listed:
  • Ganguli, Prabuddha

Abstract

This paper examines innovation and knowledge generation processes and the supporting role of intellectual property rights (IPR) both for systematized investigative science and traditional community led activities. Options for protection of traditional knowledge and life materials and processes are suggested. It is suggested that the systematic and logical merging of ideas from conventions like TRIPs, convention of biodiversity (CBD), and union pour la protection des obtentitous vegetales (UPOV) can lead to the creation of harmonized provisions that could satisfy basic and minimum standards of IPR and societal ethics. The need for the unambiguous definition of discovery and invention in the granting of patents for biotechnological investigations is explored, as well as the issues of the establishment of prior art from unstructured traditional knowledge, identifying legal owners of traditional knowledge and evaluating prior art in this domain. The imperative task of creating a structured knowledge database of traditional practices and linking them through global networks is highlighted. The author also points to the fact that rigorous examination and search of patents in biotechnology is demanding ever greater levels of technical expertise and ultrahigh speed computing. Four case studies are presented to illustrate issues related to: - the erroneous granting of a patent and the role of documented community prior art in its revocation, - equitable sharing of benefits with indigenous tribes, - sharing of benefits with the community and - integrating indigenous knowledge, modern science and reciprocity into novel drug discovery.

Suggested Citation

  • Ganguli, Prabuddha, 2000. "Intellectual property rights: mothering innovations to markets," World Patent Information, Elsevier, vol. 22(1-2), pages 43-52, March.
  • Handle: RePEc:eee:worpat:v:22:y:2000:i:1-2:p:43-52
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0172-2190(00)00029-6
    Download Restriction: Full text for ScienceDirect subscribers only

    As the access to this document is restricted, you may want to search for a different version of it.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:worpat:v:22:y:2000:i:1-2:p:43-52. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Dana Niculescu). General contact details of provider: http://www.elsevier.com/wps/find/journaldescription.cws_home/654/description#description .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.