Module III: Managing Intellectual Property

Module III began with a visit to IITA’s Plant Genetic Resources Unit (GRU), which has catalogued some 41,000 varieties of 200 different species of agricultural plants, mostly cowpea, yam, cassava, and soybean. IITA has several objectives in this area, including collection, characterization, documentation, improvement, and distribution of germplasm for immediate use, and conservation and storage for future generations. The organization conducts research in improving germplasm conservation methods, applies state-of-the-art diagnostic techniques to ensure safe transfer of seed and vegetative propagules, and employs disease eradication methods to free germplasm from seed-borne infected pathogens. Also, IITA helps strengthen national capacities through the organization of specialized training courses and workshops, individual training and graduate-level research support, and provision of advice and consultation.

IITA makes its samples available freely for research purposes, with the stipulation that the researcher cannot claim intellectual property rights (IPR) on products based on the original material. Recently the institution has been somewhat hampered in its mission, as countries are beginning more frequently to require material transfer agreements (MTAs) reflecting IPR concerns, sometimes impeding the acquisition of new samples for IITA’s collection.

Against this background, workshop participants proceeded to immerse themselves for the next week in the details of intellectual property laws (led by Mike Roth of Monsanto), key international treaties (led by Tomoko Miyamoto of the World Intellectual Property Organization), and an examination of university-based technology transfer offices as a mechanism for managing the growing linkages between university research and commercial application (led by Rosemary Wolson of the University of Cape Town in South Africa). Given the current tensions between concepts of private versus public control of biological resources (for example the conflicts between CBD and TRIPS, see Module I), the visit to GRU was perhaps a particularly appropriate way to begin this workshop module. While the main thrust of the module was to provide a detailed overview of relevant IPR-related laws and management techniques, there was considerable discussion of the philosophical context in which IPR issues exist.

Tomoko Miyamoto began her presentation by asking the question: Why protect intellectual property? She noted that the question can be considered from a human rights perspective as well as an economic development perspective. An examination of the history of IPR laws suggests that the overall point of the legislation is to find the right balance between the rights of an innovator and those of society at large. The questions with which IPR legislators (and society) must contend include:

• Who should benefit from protection?
• What activities should be encouraged?
• What degree of protection is necessary?