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Hope Not Hype - Third World Network

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Growing More Food on Less (Intellectual) Property<br />

111<br />

economic consequences of the privatization of the scientific commons. Rather than simply<br />

serving to facilitate a “market for ideas,” IP[R] may indeed restrict the diffusion of scientific<br />

research and the ability of future researchers to “stand on the shoulders of giants,” at least for<br />

research of the type published in Nature Biotechnology (Murray and Stern, 2007, p. 683).<br />

Murray and Stern were careful in their interpretations. They would neither claim to<br />

know how IPR might inhibit the knowledge commons nor whether this would produce a<br />

net negative balance on social innovation or commercialization. Their research should be<br />

noted for definitively demonstrating that the quest for IPR in the public sector is decreasing<br />

the size of the knowledge commons.<br />

The Assessment text<br />

Modern biotechnology is largely in the<br />

possession of the private sector.<br />

Global Summary for Decision Makers<br />

While public private partnerships are to<br />

be encouraged the establishment and<br />

enforcement of codes of conduct by<br />

universities and research institutes can<br />

help avoid conflicts of interest and<br />

maintain focus on sustainability and<br />

development in AKST when private<br />

funding complements public sector funds.<br />

(p. 7)<br />

Universities and research institutes<br />

receiving substantial private funding may<br />

need to set in place oversight mechanisms<br />

and codes of conduct that preserve their<br />

independence. (p. 20)<br />

(From Global Summary for Decision<br />

Makers by IAASTD, ed. Copyright ©<br />

2009 IAASTD. Reproduced by permission<br />

of Island Press, Washington, D.C.)<br />

The private sector accounts for 74% of the<br />

[intellectual property in agriculture<br />

biotechnology], much of it aggregated into<br />

a few very large IP[R] portfolios at major<br />

corporations, the top five of which control<br />

41% in the United States. This percentage<br />

is likely to be an underestimate, as a<br />

portion of the public-sector portfolio has<br />

also been licensed to companies in the<br />

private sector. The rest of the private sector,<br />

including independent biotechnology<br />

startups, holds 33% of agricultural<br />

biotechnology IP[R] (Graff et al., 2003, p.<br />

994).<br />

While there is some intellectual<br />

property held by individuals and companies<br />

from the developing world, most of these<br />

owners reside in developed countries.<br />

Industrialized countries hold 97% of<br />

patents worldwide, and more than 80% of<br />

patents granted in developing countries<br />

belong to individuals or corporations based in industrialized countries…even pragmatic<br />

analysts from the North are concerned that future innovations will be limited under an emerging<br />

industry structure where the top five biotechnology firms control more than 95% of gene<br />

transfer patents (Sagar et al., 2000, p. 3).

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