Search

Intellectual property rights (IPRs) influence the use and application of crop biotechnology. It is often argued that without IPRs, the life-science industries would have no incentive to spend the resources necessary to develop new crops. The aim of this paper is to identify and assess issues of IPRs and their influence on soybean biotechnology research and development (R&D). This identification and assessment will be accomplished by performing a comparative analysis on Monsanto’s Roundup Ready (RR®) soybean in Brazil (one of the major soybean producing nations of the world), Canada, and the United States. Drawing from data obtained through document review and in-depth informant interviews, the research discusses the challenges of protection and enforcement of IPRs. These challenges influence the uptake and R&D of soybeans in plant breeding and in farmers’ fields. The research shows the role of key institutions, such as Brazilian Agricultural Research Corporation (EMBRAPA), and the impacts of changing technology due to patent expiration. Findings show the RR® first generation soybean is profoundly important, despite the marketing to encourage farmers to quickly switch-over to the RR® second-generation soybean. The research also indicates the availability of generic traits post-patent expiration, which are only confined to the public research institutions. This, however, can be influenced by the performance advantages with new traits and demand for enhanced seed biotechnology. Findings indicate that technology fees are a major issue for life science industries and farmers involved in the case study. This paper concludes with recommendations for further research, action on the management of IPRs, and how to reconcile IPRs with farmers’ rights and other local interests in seed biotechnology. [ABSTRACT FROM AUTHOR]