Intellectual Property Protection and Agricultural Biotechnology
A Multidisciplinary Perspective

42 Pages Posted: 23 Apr 2001  

Jay P. Kesan

University of Illinois College of Law

Date Written: April 2001

Abstract

This invited contribution, which is written for a non-legal, social policy audience, begins by addressing the complex relationship between intellectual property and the ag-biotechnology industry. This section presents a detailed examination of the value chain in the ag-biotech industry and its implications for intellectual property protection.

The value chain in the ag-biotechnology industry is becoming increasingly multilayered and complex. As a result, a system that permits downstream players in the ag-biotech value chain to not only reap the rewards of innovation but also share in the significant risks associated with R&D must be developed. A patent system is an effective way of achieving coordination and sharing of the risks and benefits of R&D among the various players in the ag-biotech value chain. Stated alternatively, it is critical to design IP regimes that adequately reward the inventor for her efforts and provide economic stability to promote R&D investment by understanding and capturing the downstream economic benefits of innovation. On the other hand, as the fruits of biotechnology are becoming an integral part of our daily living, the social welfare benefits of the intellectual property system for the consumer population and society at large must also be carefully defined. Satisfying both these objectives is the central policy challenge in the relationship between intellectual property protection and ag-biotechnology.

Suggested Citation

Kesan, Jay P., Intellectual Property Protection and Agricultural Biotechnology A Multidisciplinary Perspective (April 2001). American Behavioral Scientist, Vol. 44, No. 3, pp. 464-503, November 2000. Available at SSRN: https://ssrn.com/abstract=267573 or http://dx.doi.org/10.2139/ssrn.267573

Jay P. Kesan (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
217-333-7887 (Phone)
217-244-1478 (Fax)

HOME PAGE: http://www.jaykesan.com

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