marker-assisted selection in wheat - ictsd

Chapter 20 – Impacts of intellectual property rights on marker-assisted selection 407IntroductionOther chapters in this book describe theusefulness and applicability of MAS fordeveloping germplasm with superior qualities,in a timely manner. Markers have beendeveloped and used by plant and animalbreeders (Dekkers, 2004), for fish and shellfish(Consuegra and Johnston, 2006) andfor forest trees (Kellison, McCord andGartland, 2004; Lee, A’Hara and Cottrell,2005). Introduction of MAS to developingcountry scientists has been taken up by avariety of projects such as the GenerationChallenge Programme (cgiar.org/exco/exco8/exco8_generation_report), supportedby the Consultative Group on InternationalAgricultural Research (CGIAR) and MASjamborees sponsored by the SyngentaFoundation for Sustainable Development(syngentafoundation.org/pdf/Report%20Nairobi%20meeting%20.pdf and T. St.Peter, personal communication). MAS isalso being used by many of the centresbelonging to the CGIAR, notable examplesbeing the International Center for TropicalAgriculture (CIAT), the InternationalPotato Centre (CIP), the InternationalCrops Research Institute for the Semi-AridTropics (ICRISAT) and the InternationalInstitute for Tropical Agriculture (IITA),as well as the International Maize andWheat Improvement Centre (CIMMYT),in programmes such as the Asian MaizeBiotechnology Network (AMBIONET),and the International Livestock ResearchInstitute (ILRI) in the areas of livestock productionand health through the BiosciencesFacility for east and central Africa (BecA).In this chapter, a brief review of generalintellectual property law is used to introducea variety of aspects regarding intellectualproperty potentially associated with the useof the techniques, reagents and equipmentthat are necessary for implementing MAS.This intellectual property “primer” isfollowed by a description of specific casesand some recommendations regardingsteps that should be taken by scientistsand breeders in developing countries whoare contemplating using MAS in breedingprogrammes to avoid restrictions orincurring risks of infringing the intellectualproperty rights (IPRs) of others.Intellectual property rights andpublic access to innovationIPRs are awarded on the basis of nationallaws. There are, however, a few examples ofregional cooperation institutions grantingIPRs on a regional basis, such as the AfricanRegional Intellectual Property Organization(ARIPO), the Gulf CooperationCouncil (GCC) and the European PatentOffice. In addition, under the PatentCooperation Treaty (PCT), an internationalagreement administered by the WorldIntellectual Property Organization (WIPO)that facilitates patent filing, a single internationalapplication can be filed in a nationalPCT-receiving office, which can then subsequentlybe submitted to all PCT membernational patent offices. In addition, anexample situation is given in Box 1 thatillustrates the, perhaps unexpected, “farreach” of national patent law.IPRs comprise original and novel assetsthat involve the use of human intellect.The awarding of such rights is intendedto balance the needs of society to accessand use the products of human ingenuity,with rewards for the endeavours going tothe individuals from whom these intellectualassets originated. Obviously, thereis a certain amount of tension in thisSee www.wipo.int/pct/en/texts/pdf/pct_paris_wto.pdf for a list of countries that are members ofimportant IP international treaties, including thePCT.