Intellectual Property Rights in a Changing Political Environment: Perspectives on the Types and Administration of Protection
Abstract
Intellectual property rights (IPRs) have been critically reassessed
in recent years. This paper evaluates several of those
analyses in detail. With regard to patent quality in the United
States, analysis indicates that rising numbers of patent grants
are a consequence of demand for patents rather than changes
in patent examination standards. Internationally, protection
options for living organisms (seeds, plants, and animals) are
more limited than for other products, suggesting a relative
underinvestment in the sector. In particular, the recent “initial/
essentially derived” system, intended to provide incentives for
background plant breeding, is judged to be inoperative. Finally,
with regard to IPRs and foreign direct investment (FDI), the
“strength” of national IPR systems was found to be strongly
associated with levels of FDI for 44 developing countries in the
post-TRIPs world. The limited US research exemption for patents
was identified as a major potential restrictor of public-sector
access to germplasm for future breeding.
Citation
AgBioForum, 8(2&3): 64-72.