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Intellectual 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

  SPECIAL JOURNAL ISSUE: Property Rights, Collective Action, and Local Conservation of Genetic Resources (World Development) World Development just published its September 2007 issue, which is a special issue with papers from a CAPRi Workshop. World Development, Volume 35, Issue 9, Pages 1481-1594 (September 2007) is a special issue on "Property Rights, Collective Action, and Local Conservation of Genetic Resources" edited by Pablo Eyzaguirre, Monica Di Gregorio and Ruth Meinzen-Dick. The special issue contains the following articles. Earlier versions of all of the papers except the introduction are available as CAPRi working papers on the CAPRi website. Introduction to the Special Issue on "Property Rights, Collective Action, and Local Conservation of Genetic Resources", by Pablo Eyzaguirre, Monica Di Gregorio and Ruth Meinzen-Dick The Impacts of Collective Action and Property Rights on Plant Genetic Resources, by Pablo B. Eyzaguirre and Evan M. Dennis Farmers' Rights and Protection of Traditional Agricultural Knowledge, Stephen B. Brush Protecting Farmers' New Varieties: New Approaches to Rights on Collective Innovations in Plant Genetic Resources, by Rene Salazar, Niels P. Louwaars and Bert Visser Property Rights and the Management of Animal Genetic Resources, by Simon Anderson and Roberta Centonze Are there Customary Rights to Plants? An Inquiry among the Baganda (Uganda), with Special Attention to Gender, by Patricia L. Howard and Gorettie Nabanoga Local Institutions and Plant Genetic Conservation: Exchange of Plant Genetic Resources in Rural Uzbekistan and some Theoretical Implications, by Evan Dennis, Jarilkasin Ilyasov, Eric van Dusen, Sergey Treshkin, Marina Lee and Pablo Eyzaguirre The Dynamics of Farmers' Maize Seed Supply Practices in the Central Valleys of Oaxaca, Mexico, by Lone B. Badstue, Mauricio R. Bellon, Julien Berthaud, Alejandro Ramírez, Dagoberto Flores and Xóchitl Juárez Those with online access to the journal can access the a

Technology alliances create market development rights that are shared between partners in an alliance relative to codeveloped product technology. Alliance partners will often manage the shared market development rights in a cooperative manner by forming an agreement in which one partner (i.e., the licensor) licenses its market development rights to the other partner in the alliance (i.e., the licensee). The real options and bargaining power literatures provide opposing recommendations regarding whether a licensor creates greater shareholder value by licensing its market development rights to the licensee on a more or less restrictive basis. Empirical analysis of technology alliance contracts reveals that the restrictiveness by which a licensor should license its market development rights to a licensee depends on the licensee's strategic marketing emphasis. Specifically, a licensee will create greater value by following a more restrictive distribution strategy when its partner's marketing strategy emphasizes value creation. Alternatively, a licensee will create greater value when its partner's marketing strategy emphasizes value appropriation by following a less restrictive distribution strategy. From a theoretical perspective, the paper's findings provide early evidence regarding the contribution of marketing strategy toward value creation in technology alliances and help resolve the differing expectations offered by the real options and bargaining power literatures. Managerially, the paper identifies an alliance partner's strategic marketing emphasis as a hitherto unrecognized factor determining when managers should follow a more or less restrictive distribution strategy when licensing marketing development rights within technology alliances

Tragedy of the Commons by Garrett Hardin About the Author Search CEE Home | CEE | 2nd edition | Tragedy of the Commons In 1974 the general public got a graphic illustration of the "tragedy of the commons" in satellite photos of the earth. Pictures of northern Africa showed an irregular dark patch 390 square miles in area. Ground-level investigation revealed a fenced area inside of which there was plenty of grass. Outside, the ground cover had been devastated. The explanation was simple. The fenced area was private property, subdivided into five portions. Each year the owners moved their animals to a new section. Fallow periods of four years gave the pastures time to recover from the grazing. The owners did this because they had an incentive to take care of their land. But no one owned the land outside the ranch. It was open to nomads and their herds. Though knowing nothing of Karl Marx, the herdsmen followed his famous advice of 1875: "To each according to his needs." Their needs were uncontrolled and grew with the increase in the number of animals. But supply was governed by nature and decreased drastically during the drought of the early 1970s. The herds exceeded the natural "carrying capacity" of their environment, soil was compacted and eroded, and "weedy" plants, unfit for cattle consumption, replaced good plants. Many cattle died, and so did humans. The rational explanation for such ruin was given more than 170 years ago. In 1832 William Forster Lloyd, a political economist at Oxford University, looking at the recurring devastation of common (i.e., not privately owned) pastures in England, asked: "Why are the cattle on a common so puny and stunted? Why is the common itself so bare-worn, and cropped so differently from the adjoining inclosures?" Lloyd's answer assumed that each human exploiter of the common was guided by self-interest. At the point when the carrying capacity of the commons was fully reached, a herdsman might ask himsel

 The relationship between property rights and development has always been a central concern for both theorists and policy makers. The growing role of information and communications technology in the economies of both North and South intensifies the salience of this issue. This commentary extends the discussion of the two visions of property rights that are introduced by Weber and Bussell (2005). In one, property rights are restructured along the lines pioneered by the open-source software community to create a "new commons" of productive tools; in the other, Northern corporations successfully defend their politically protected monopoly rights over intangible assets and even extend them through a "second enclosure movement" to an ever larger set of ideas, information, and images. Currently, the second enclosure movement remains dominant, but which of these visions is likely to predominate in the longer run depends on the interests and potential power of key actors and on the possibilities for alliances among them-not just Northern corporations, but Southern states and private entrepreneurs, as well.

The International Breeder's Rights System and Crop Plant Innovation John H. Barton 1 1 Professor of law at Stanford Law School, Stanford, California 94305 Legal arrangements governing a plant breeder's intellectual property rights to his inventions are likely to affect the future of crop research. Such systems, although controversial, are probably currently desirable for the developed world. The new genetic technologies may change this judgment, and certainly require redefinition of the lines between plant patents and regular patents. Several safeguards, present in the United States breeder's rights law, should be applied more broadly. A new safeguard-of ensuring that material be entered into germplasm banks-should be applied everywhere. For the developing world, the desirability of a plant patent system is much less clear; new agreements may be desirable to ensure the free flow and collection of germplasm.

During the past twenty-five years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms has encouraged private sector companies to invest in agricultural biotechnology research programmes. This has contributed to a rapid growth in interest in intellectual property rights as applied to this subject.The first edition of this book was published in 1998. Now fully revised and updated it presents definitive information on intellectual property law in a simplified form (with a minimum of legal jargon). New chapters have been added which cover plant variety protection and farmers rights, and additional case studies.

International public goods and transfer of technology under a globalized intellectual property regime Keith Eugene Maskus, Jerome H. Reichman 0 Resenhas Cambridge University Press, 2005 - 922 páginas Distinguished economists, political scientists, and legal experts discuss the implications of the increasingly globalized protection of intellectual property rights for the ability of countries to provide their citizens with such important public goods as basic research, education, public health, and environmental protection. Such items increasingly depend on the exercise of private rights over technical inputs and information goods, which could usher in a brave new world of accelerating technological innovation. However, higher and more harmonized levels of international intellectual property rights could also throw up high roadblocks in the path of follow-on innovation, competition and the attainment of social objectives. It is at best unclear who represents the public interest in negotiating forums dominated by powerful knowledge cartels. This is the first book to assess the public processes and inputs that an emerging transnational system of innovation will need to promote technical progress, economic growth and welfare for all participants.

Special Issue: Innovation and Dynamic Efficiency in Agricultural Biotechnology Guest editors: James F. Oehmke, Carl Pray, and Anwar Naseem Preface: Innovation and Dynamic Efficiency in Agricultural Biotechnology J.F. Oehmke, C.E. Pray, & A. Naseem Innovation and Dynamic Efficiency in Plant Biotechnology: An Introduction to the Researchable Issues C.E. Pray, J.F. Oehmke, & A. Naseem Who is Doing What? Intellectual Property Rights in a Changing Political Environment: Perspectives on the Types and Administration of Protection W. Lesser Patterns of Public-Sector and Private-Sector Patenting in Agricultural Biotechnology P.W. Heisey, J.L. King, & K. Day Rubenstein Mergers, Acquisitions, and Stocks of Agricultural Biotechnology Intellectual Property J.L. King & D.E. Schimmelpfennig An Innovation Market Approach to Analyzing Impacts of Mergers and Acquisitions in the Plant Biotechnology Industry M. Brennan, C.E. Pray, A. Naseem, & J.F. Oehmke Does Plant Variety Intellectual Property Protection Improve Farm Productivity? Evidence From Cotton Varieties A. Naseem, J.F. Oehmke, & D.E. Schimmelpfennig What are the Current Effects of Industry Structure? Intellectual Property Rights on Research Tools: Incentives or Barriers to Innovation? Case Studies of Rice Genomics and Plant Transformation Technologies C.E. Pray & A. Naseem Property Rights and Incentives to Invest in Seed Varieties: Governmental Regulations in Argentina J.P. Kesan & A.A. Gallo Monopoly Power, Price Discrimination, and Access to Biotechnology Innovations A.K.A. Acquaye & G. Traxler Whither Biotechnology Research? Can Technology Transfer Help Public-Sector Researchers Do More with Less? The Case of the USDA's Agricultural Research Service K. Day Rubenstein & P.W. Heisey Second-Generation GMOs: Where to from Here? K.Y. Jefferson-Moore & G. Traxler Articles Bt Corn Farmer Compliance with Insect Resistance Management Requirements in Minnesota and Wisconsin J. Goldberger, J. Merrill, & T. Hurley Perceptions

There is a veritable gold rush mentality in the life science world as scientists, entrepreneurs and multinationals are staking claims to the a ~code of lifea (TM) embodied in the worlda (TM)s current stock of plants, animals, microbes and human populations. In response, the communities that see themselves as the custodians of both that traditional knowledge and specific genetic resources have demanded greater recognition of their role in creating and conserving this resource, access to any resulting improvements and a share of the benefits arising from their patrimony. This has precipitated a widespread efforta "in local communities, in the marketplace, in many developing and developed countries and at the talks in the Doha Round of the WTOa "to reconcile the interests and concerns of the two opposing groups. This edited volume explores the legal, economic and political context for the debate about intellectual property rights for traditional knowledge and genetic resources and critically analyses the theory and practice of access and benefits sharing efforts around the world. The book also investigates the current flashpointsa "the David and Goliath battle between Monsanto and Percy Schmeiser over farmersa (TM) rights; the dispute over coexistence of GM and organic production; and the ownership and control of human genetic materials stored in human gene banks around the world.

Intellectual property rights, strategy and policy Economics of Innovation and New Technology Volume 13, Issue 5, 2004, Pages 399 - 415 Author: Lee Davis DOI: 10.1080/1043859042000188683 Online Sample       Subscribe Abstract This introductory essay to the special edition explores the changing role of intellectual property rights (IPRs), and the implications of these changes for firm strategy and industrial policy. Four recent, interrelated trends are important in this regard: (1) the growing prominence of intangible assets as sources of competitive advantage, (2) the globalization of business activities, (3) advances in digital technologies of replicability and transferability, and (4) changes in the legal framework governing the strength and scope of IPRs. We focus, in particular, on the impact of these trends on the importance and effectiveness of patents. We argue that while patents have become more valuable to firms, to fulfill a variety of strategic goals, they seem to have become less effective in actually motivating R&D. This distorts the 'bargain' implied by the patent system, increasing the social costs of patenting while decreasing the social benefits. To help restore this balance, various reforms may be implemented, including the use of alternative incentive systems.

Intellectual property rights in plant varieties: international legal regimes and policy options for national governments Laurence R. Helfer, Food and Agriculture Organization of the United Nations 0 Resenhas

Handbook of the Economics of Innovation Set Authors  Submit Your Book Proposal Hardbound, 1400 pages Published: MAR-2010 ISBN 13: 978-0-444-53611-2 Imprint: NORTH-HOLLAND Actions    Submit Your Review    Recommend to Friend    Bookmark this Page Edited By Bronwyn H. Hall, University of California at Berkeley,CA, USA Nathan Rosenberg, Stanford University, Stanford, CA, USA Economists examine the genesis of technological change and the ways we commercialize and diffuse it.  The economics of property rights and patents, in addition to industry applications, are also surveyed through literature reviews and predictions about fruitful research directions. - Two volumes, available as a set or sold separately Included in series Handbooks in Economics Audience: Students and researchers studying technological change.  Articles are written by economists for a multidisciplinary readership, including industry professionals, attorneys, educators, and anyone interested in new technologies. Ordering Contents Reviews Volume I: Chapters 1-16 1. Introduction to the handbook;  2.  The contribution of economic history to the study of innovation and technical change: 1750-1914;  3.  Technical change and industrial dynamics as evolutionary processes;  4.  Empirical studies of innovative activity and performance;  5.  The economics of science; 6.  University research and public-private interaction; 7.  Property rights and invention; 8.  Stylized facts in the geography of innovation; 9.  Open User Innovation; 10.  Learning by doing; 11.  Innovative conduct in computing and internet markets; 12.  Pharmaceutical innovation; 13.  Collective invention and invention networks; 14.  The financing of R&D and innovation; 15.  The market for technology; 16.  Technological innovation and the theory of the firm: The role of enterprise level knowledge, complimentarities, and (dynamic) capabilities Volume II: Chapters 17-29 17.  The diffusion of new technolog

For most countries, economic development involves a process of "catching up" with leading countries at the time. This is never achieved solely by physical assets and labor alone: also needed are the accumulation of technological capabilities, educational attainment, entrepreneurship, and the development of the necessary institutional infrastructure. One element of this infrastructure is the regime of intellectual property rights (IPR), particularly patents. Patents may promote innovation and catch up, and they may foster formal technology transfer. Yet they may also prove to be barriers for developing countries that intend to acquire technologies through imitation and reverse engineering. The current move to harmonize the IPR system internationally, such as the TRIPS agreement, may thus have unexpected consequences for developing countries. This book explores these issues through an in depth study of eleven countries ranging from early developers (the USA, Nordic Countries and Japan), and Post World War 2 countries (Korea, Taiwan, Israel) to more recent emerging economies (Argentina, Brazil, China, India and Thailand). With contributions from international experts on innovation systems, this book will be an invaluable resource for academics and policymakers in the fields of economic development, innovation studies and intellectual property laws.

Examines the concepts of wilderness protection & biodiversity conservation & the different priorities & perceptions of indigenous peoples living within many regions that have been established as protected areas. Discussion is included on wilderness & protection; indigenous peoples & their rights; protecting biodiversity, the social impacts of wilderness protection; the politics of parks; society & biodiversity; parks for people: management alternatives; conservation outside protected areas; from national parks to global benefits: conservation of the global commons; & indigenous intellectual property rights.Ó Extensive bibliography. « Menos

This report examines factors that have proven helpful in achieving the successful transfer of environmentally sound technologies (EST) to developing countries. It provides an overview of the main issues lying behind trade-related aspects of EST transfers. It then briefly examines the main channels for the transfer of such technologies and the factors which are relevant to technology transfer in general, and to EST transfer in particular. It concludes with a summary of conditions for successful EST transfers which seem to be particularly relevant in the context of trade. These include government regulation and marketbased instruments, trade-related policies and practices, intellectual property rights, capacity, and financing. The report is based on the extensive literature dealing with technology transfer in general, and EST transfer specifically, and on empirical work summarised in a range of case studies

Reflexive governance for sustainable development Jan-Peter Voss, Dierk Bauknecht, René Kemp 0 Resenhas Edward Elgar Publishing, 2006 - 457 páginas This book deals with the issue of sustainability in a novel and innovative way. It examines the governance aspects of reflexive modernisation, and moves away from endless quarrels about the rightness of normative claims and from attempts to define sustainability on the basis of biophysical principles.

EU intellectual property law and policy Catherine Seville 0 Resenhas Edward Elgar Publishing, 2009 - 431 páginas Intellectual property (IP) is a crucial contributor to economic growth and competitiveness within the EU. This book offers a compact and accessible account of EU intellectual property law and policy, covering copyright, patents, designs, trademarks and the enforcement of rights. The author also addresses aspects of the free movement of goods and services, competition law, customs measures and anti-counterfeiting efforts. Setting EU intellectual property law in its wider international context, this work reveals the framework within which the national IP laws of member states operate. The book seeks to highlight the most important policy issues and arguments of relevance to the EU, both within the Union, and in its relations with the rest of the world. With its the detailed references, cross-referencing and suggestions for further readings, EU Intellectual Property Law and Policy is essential reading for postgraduate students and academic lawyers in IP and EU law. Practitioners seeking a broad account of the area will also appreciate this important contribution.

Corporate appropriation of genetic resources, development and deployment of transgenic varieties, and the global imposition of intellectual property rights are now widely recognized as moments of accumulation by dispossession. Though robust and globally distributed, opposition to such processes have been largely defensive in orientation, and even accommodationist in demands for the development of market mechanisms for compensating those from whom germplasm is being collected. A more radical stance founded on legal and operational mechanisms drawn from the open-source software movement could not only function to impede processes of dispossession, but might actually facilitate the repossession of 'seed sovereignty'. Implementation of 'biological open-source' arrangements could plausibly undergird the creation of a protected commons populated by farmers and plant breeders whose materials would be freely available and widely exchanged, but would be protected from appropriation by those who would monopolize them.