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Unformatted text preview: 1 All technology transfer mechanisms considered in class have some risk of loosing your invention. ( intellectual property or IP ) 2 Furthermore all mechanisms considered save directly licensing the technology involve delivering the invention in the form of seed 3 How seeds can be protected, and how adequate is that protection ? SEED -- What is it? Who owns them? Where come from? 4- Characteristics of IP different from real property called nonrivalries and non exclusionary like any idea or knowledge my use is not diminished if shared but the value to me may be--- 5- reduced because competitors can go into competition at a lower cost because they have not incurred the cost of product invention and development
[for pharmaceuticals in the US those costs are now about $ 300 million for a successful drug) 6- hence, societies have developed legal methods to encourage investment in R&D IMPROVED SEED What does a breeder need to protect investment? Mechanisms: Secrecy Physical control Legal protection CONTROL Absent IPR, creation is in public domain With IPR can selectively license Absent IPR, may be efforts to innovate around creation 7- Secrecy if you can truly keep a secret then you can preserve your invention or other property - i.e., the recipe for Coca Cola syrup however, sometimes secrets are improperly acquired as when a former employee gives your customer or price list to a new employer 8- to prevent such unauthorized access, countries have adopted Trade Secret laws a trade secret is anything of value for which an effort to preserve secrecy has been made.. typically, penalties are imposed - For seeds though is secrecy possible? Physical Control really a form of secrecy Possible for seeds? there is biological protection for seed through hybrids FORMS OF PROTECTION (IPR) -- UTILITY PATENTS Novelty Nonobviousness Utility Description PLANT VARIETY PROTECTION Novelty Distinctness Uniformity Stability Background IPR protection of plants in the US is relatively recent 1930 (Plant patent: Asexually propagated), 1970 (PVP focus here), 1985 (utility patents) Plant Variety Protection (PVP) Weaker patentlike legal system exclusively for plant varieties: PVP has social benefits over patents: Farmers can save seed Can use protected varieties for breeding Can charge royalties A variety must show distinctness (non obviousness for patents). But distinctness need not be in an economically important characteristic leading to charges of `cosmetic breeding'. Both systems strive for a similar balance Provide incentive by preventing direct copying actually temporary , limited monopoly . The trick is to describe the bounds of the invention : How close must a copy be before it is a "direct copying " ? How long is appropriate ? What uses shall be allowed for protected inventions ? ...
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This note was uploaded on 08/28/2009 for the course AEM 3350 taught by Professor Lesser,w. during the Spring '08 term at Cornell.
- Spring '08