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Pierce Law Faculty Scholarship Series Pierce Law
GOLDEN RICE: A CASE STUDY IN INTELLECTUAL PROPERTY MANAGEMENT AND INTERNATIONAL CAPACITY BUILDING Stanley P. Kowalski
Franklin Pierce Law Center, firstname.lastname@example.org
Kowalski, Stanley P., "GOLDEN RICE: A CASE STUDY IN INTELLECTUAL PROPERTY MANAGEMENT AND INTERNATIONAL CAPACITY BUILDING" (2002). Pierce Law Faculty Scholarship Series. Paper 7. http://lsr.nellco.org/piercelaw_facseries/7
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13 Risk: Health, Safety and Environment 47 Spring, 2002 Article GOLDEN RICE: A CASE STUDY IN INTELLECTUAL PROPERTY MANAGEMENT AND INTERNATIONAL CAPACITY BUILDING Stanley P. Kowalski and R. David Kryder [FNa1] Copyright 2002 by Franklin Pierce Law Center; Stanley P. Kowalski and R. David Kryder Introduction In order for agricultural biotechnology (agri-biotech)[FN1] to play a larger role in the development of sustainable agricultural systems, [FN2] intellectual property (IP) rights management must be addressed. These issues are not limited to developing countries. With increased globalization, the management of agribiotech IP rights affects both developing and industrialized countries. In industrialized countries, for example, IP rights risk management entails protection of inventions via strong patent portfolios. For developing countries, IP rights risk management includes the acquisition of rights requisite for the use of inventions essential to the basic welfare of the population. Strategies are needed to bridge these disparate IP management paradigms to facilitate the successful transfer of the agri-biotech from an industrialized country source to a developing country recipient. *48 This paper examines IP management linked to agri-biotech products. Further, this paper examines Golden Rice, a genetically engineered rice strain that accumulates beta-carotene (i.e., pro-vitamin A) in the endosperm tissue of grain, as a case study for IP management, with emphasis on the international movement of agri-biotech from industrialized to developing countries. [FN3] Topics discussed include: the application of agri-biotech to international development; the challenge of transferring this technology from industrialized to developing countries; a method for evaluating the IP constraints impinging on the deployment of Golden Rice; industrialized/developing country perspectives vis--vis IP rights management; six shorter-term options for the management of IP connected to Golden Rice; and a longer-term proposed path to sustainable transfers of agri-biotech products. Background Six factors continue to pressure global agricultural production capacity: a rapidly expanding global population; an increasing demand for water resources; the depletion of quality water resources; the decline in arable land resources; pressure on crop production by diseases, pests and unfavorable climatic conditions; and the ever-increasing demand for quality food products. In developing countries the situation is especially critical. [FN4] Historically, the "Green Revolution" [FN5] of the 1960s and 1970s effectively addressed pressing food concerns of that time. This was *49 accomplished primarily via conventional plant breeding and improved crop management practices. Of particular importance to the Green Revolution were the activities of the Consultative Group on International Agricultural Research (CGIAR). [FN6] The CGIAR has traditionally been a primary source/conduit of agricultural science and technology for the developing world. [FN7] However, since many agri-biotech discoveries and applications are protected by...