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Title: Adoption and Implementation of Intellectual Property Rights: Experiences of Selected Countries†
Authors: Mysore, Sudha
Issue Date: Jan-2002
Publisher: NISCAIR-CSIR, India
Abstract: The new global trade order, initiated at the Uruguay round of global trade negotiations culminated in the establishment of the World Trade Organization (WTO). One of the important prescriptions of the new trade rules in the form of Trade- Related Intellectual Property Rights (TRIPS) includes the compulsive modification of the existing Intellectual property protection legislation with regard to agriculture especially by the developing countries. The new set of rules prescribed by WTO under TRIPS were opined to open new dimensions in the type and extent of research exchange between the nations and also aim at redefining the role of public and private research organizations. One of the important reasons for extending intellectual property (IP) protection for plants and other living organisms, it is said, is to make agriculture a commercial venture and for attracting private investment into agricultural research. The popular rationale in support of intellectual property rights (IPR) for plants has often said to be one of stimulating effect. The present study reviews the economic impact of the adoption of IP protection mechanisms in USA and Latin American countries. Results indicated that availability of IP protection is in itself insufficient in determining the rate of innovation. More important factors like the scientific base of plant breeding, market forces and demand side factors appear to have greater influence in determining the rate of introduction of new varieties. Consolidation by the multinationals in seed industry and increased seed prices were among the other significant results. The need to commercialize new plant varieties has raised the strategic importance of public germplasm and reduced its availability for other users. On the other hand, access to public germplasm by the private seed industry improved due to more formal and transparent procedures. The PBRs like many other policy instruments were favourable towards resource rich farmers than the small and marginal groups.
Page(s): 33-45
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.07(1) [January 2002]

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