Intellectual Property Rights And Concentration In Agricultural Biotechnology William Le... - 0 views
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Ihering Alcoforado on 11 Jul 10Intellectual Property Rights And Concentration In Agricultural Biotechnology William Lesser Cornell University AgBioForum Fall98 v.1, n.2 The relationships between intellectual property rights (IPRs) and structural change are examined in this paper. Intellectual property rights are a complex, multifaceted area and one in which corporate strategies are poorly understood. Nevertheless, it is argued here that IPRs can affect firm entry, can make vertical integration in downstream industries more or less necessary, and can create financial incentives for downstream mergers and acquisitions. Hence, IPRs can have significant structural impacts. Key words: intellectual property rights; agrobiotechnology; industry structure; research and development (R&D) The later 1990s have been a tumultuous time for merger and acquisition activity among firms involved in agricultural biotechnology. By the end of the third quarter of 1998, Monsanto alone had been involved in 18 acquisitions and had itself agreed and then reneged on a merger with American Home Products. In addition, Monsanto completed overseas acquisitions worth a total of $7.3 billion over two years. Novartis was formed by the merging of Sandoz and Ciba-Geigy, while DuPont chose to enter the market through joint ventures; a total of 20 joint ventures valued at over $5 billion (Moore, 1998). These mergers have contributed greatly to a restructuring of the seed industry. Most notably, Monsanto controlled up to 40 percent of seed for the 1998 United States (U.S.) soybean crop and, if approved, full acquisition of Delta & Pine Land will give Monsanto ownership of at least 80 percent of the U.S. cotton seed industry (Kilman & Warren, 1998). This is not the only incidence of major acquisition activity, a previous one occurred about 20 years earlier. Butler and Marion (1985) list 27 mergers during the period 1978-80. The 1980 date is pivotal as it marks some strengthening amendments to the United States Plant Variety Prot