Commercialization of Genetic Resources: Leveraging of Ex Situ Genetic Resources to Shape Downstream IP Protection

32 Pages Posted: 4 Dec 2014  

Dana Beldiman

University of California Hastings College of the Law

Date Written: 2013

Abstract

Ex situ collections that hold genetic materials operate as contractual points of articulation between countries of origin and recipients and/or prospective developers. In that capacity, collections are in a position both to negotiate clarification of Convention on Biological Diversity obligations and, by virtue of their control over biological materials, to impose IP-related conditions on recipients.

This paper proposes the concept of a "rebundling" of IP rights: the prospective patentee would relinquish its entitlement to full exclusivity under patent law, in exchange for freedom to operate from a patent perspective plus access to other material recipients' technology. The "rebundling" could take the form of a patent pooling arrangement and would give multiple players a chance to participate in the market.

Suggested Citation

Beldiman, Dana, Commercialization of Genetic Resources: Leveraging of Ex Situ Genetic Resources to Shape Downstream IP Protection (2013). UC Hastings Research Paper No. 56. Available at SSRN: https://ssrn.com/abstract=2324417 or http://dx.doi.org/10.2139/ssrn.2324417

Dana Beldiman (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

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