Report of the CGIAR Expert Panel on Proprietary Science and Technology













Table of Contents


CONSULTATIVE GROUP ON INTERNATIONAL AGRICULTURAL RESEARCH
TECHNICAL ADVISORY COMMITTEE

TAC SECRETARIAT
FOOD AND AGRICULTURAL ORGANIZATION OF THE UNITED NATIONS
NOVEMBER 1998

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CONSULTATIVE GROUP ON INTERNATIONAL AGRICULTURAL RESEARCH TECHNICAL ADVISORY COMMITTEE

REPORT OF THE CGIAR EXPERT PANEL ON PROPRIETARY SCIENCE AND TECHNOLOGY

TAC SECRETARIAT
FOOD AND AGRICULTURAL ORGANIZATION OF THE UNITED NATIONS
APRIL 1998


Table of Contents


Extract from "Summary of Proceedings and Decisions", Mid-Term Meeting 1998, Brasilia, Brazil, 25-29 May 1998

Letter from TAC Chairman Transmitting the Report of the CGIAR Expert Panel on Proprietary Science and Technology

TAC Commentary on the Report of the CGIAR Expert Panel on Proprietary Science and Technology

Executive Summary

Recommendations

1. INTRODUCTION

2. SITUATION

3. RATIONALE

3.1 Access to Proprietary Science of Others
3.2. Intellectual Property Protection for the CGIAR Developments

4. STRATEGY

4.1. How Does the CGIAR Motivate Owners to Share Proprietary Technology?

4.1.1. Current Situation
4.1.2. Why should companies license?
4.1.3. When will companies be unwilling to license?
4.1.4. How can markets be segmented?

4.2. Respect for Patents
4.3. How Does the CGIAR Decide When to Seek Protection for its Technologies and Materials?

4.3.1. Would intellectual property protection facilitate and/or ensure delivery of benefits to the poor?
4.3.2. Would intellectual property protection be necessary to ensure access to benefits for the poor?
4.3.3. Could intellectual property protection provide rights in a fundamental new technology and/or material which could be used to obtain access to others' intellectual property?
4.3.4. Is partnering with other institutions required to further develop the technology and/or material?
4.3.5. Can delivery and access to the poor be accomplished by publishing or otherwise making the technology and/or material publicly available?

5. ORGANIZATION

5.1. Access to Others' Proprietary Science
5.2. Proprietary Science Developed by CGIAR Centres

6. UNRESOLVED ISSUES

6.2. Different Viewpoints

6.2.1. Viewpoint 1
6.2.2. Viewpoint 2
6.2.3. Viewpoint 3

7. RECOMMENDATIONS

ACKNOWLEDGEMENTS

REFERENCES

APPENDICES

APPENDIX A - TERMS OF REFERENCE FOR THE PANEL

APPENDIX B - PANEL MEMBERS AND PARTICIPANTS

APPENDIX C - PANEL STUDIES

Appendix C-1 - ISNAR. Proprietary Biotechnology Inputs and International Agricultural Research
Appendix C-2 - June Blalock. Interviews with Selected Commercial Companies and Universities
Appendix C-3 - E. Binenbaum and B. Wright. On the Significance of South-North Trade in IARC Crops

1. The Issue
2. The Data
3. Discussion of Tables and Graphs
4. Conclusions

APPENDIX D - BACKGROUND PAPERS

Appendix D-1 - Guiding Principles for the CGIAR Centers on Intellectual Property and Genetic Resources
Appendix D-2 - Calestous Juma. Comments on the Convention on Biological Diversity and IPR
Appendix D-3 - Bernard le Buanec. Plant Breeders' rights and farmers' rights - A complex debate
Appendix D-4 - Timothy Roberts. Market Segmentation
Appendix D-5 - Miguel Altieri. Third World Farmers and IPR
Appendix D-6 - The Thammasat Resolution
Appendix D-7 - The Agri-Food Network Statement

APPENDIX E - LIST OF ACRONYMS