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LICENSING AGRICULTURAL INTELLECTUAL PROPERTY: HOW SHOULD PUBLIC R&D INSTITUTIONS IN DEVELOPING COUNTRIES RESPOND?

JANE G. PAYUMO

Washington State University, Pullman, WA 99163, USA

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HOWARD D. GRIMES

Washington State University, Pullman, WA 99163, USA

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KEITH J. JONES

Washington State University, Pullman, WA 99163, USA

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https://doi.org/10.1142/S0219877012500289Cited by:3 (Source: Crossref)

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.

Keywords:

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Vol. 09, No. 04

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History

Received 25 March 2010

Accepted 2 August 2010

Published: 31 December 2012

Keywords

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Licensing Agricultural IPs

What is it about?

This paper discusses the role of licensing as the primary method for transferring intellectual property rights (IPR) in agricultural biotechnology in the 21st century. It highlights the unique challenges of licensing agricultural biotechnology products, specifically through patent licenses and material transfer agreements (MTAs), and explores the issues tied to their use. The paper emphasizes that these legal mechanisms must be adapted to the specific context, case, and country in which they are applied. The goal is to offer guidance for public research institutions, particularly in developing countries, on how to more effectively utilize these tools for technology transfer. It also provides case examples of national research institutions' experiences, aiming to help others maximize benefits while managing risks and costs in the evolving landscape of agricultural innovation technology transfer.

Why is it important?

Studying this is important because agricultural biotechnology holds significant potential for addressing global challenges such as food security, climate change, and agricultural sustainability. However, transferring these innovations from inventors to users—especially in developing countries—can be complicated due to the complex nature of intellectual property rights (IPR) and legal mechanisms like licensing. By understanding how to effectively use tools like patent licenses and material transfer agreements (MTAs), public research institutions can ensure that innovations reach the right stakeholders while minimizing risks and maximizing benefits. This study is particularly valuable in the context of developing countries, where effective technology transfer can drive agricultural development, improve livelihoods, and enhance food production systems. It also helps navigate the evolving landscape of IPRs, ensuring that agricultural innovations are accessible, affordable, and sustainably deployed.

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LICENSING AGRICULTURAL INTELLECTUAL PROPERTY: HOW SHOULD PUBLIC R&D INSTITUTIONS IN DEVELOPING COUNTRIES RESPOND?

Abstract

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