The role of intellectual property in agricultural public-private partnerships in the context of development

Abstract

PhDFood insecurity is an important global problem severely affecting developing countries, particularly those in Asia and Africa. Agricultural research in developing countries is characterised by the following tension: the private sector has plenty of applied research skills and experience but these are primarily used for commercial gain; the public sector has excellent research but the research is often not applied. Agricultural public private partnerships are currently acclaimed as a means of redressing this tension through optimising the complementary synergies between the two sectors in order to address food security. Private sector involvement in agriculture, including public private partnerships (PPPs) has increased in the past two decades as has the use of intellectual property rights (IPRs) in agriculture research. The two sectors have differing and sometimes conflicting perspectives on IP as a concept and in the strategies used to manage intellectual property. IPRs have the potential to enhance or hinder the achievement of a partnership’s objectives. This thesis investigates whether, to what extent and in what ways IP is relevant to food security oriented PPPs. It uses two case studies in India and Kenya involving two centres in the Consultative Group on International Agriculture Research (CGIAR) to locate the role that IP plays in the formation and execution of food security oriented PPPs in the context of development. It argues for a bespoke analysis of PPPs as the preferred means through which the impact and effect of factors such as IPRs can be meaningfully examined. It finds that the relevance of IP to food security oriented PPPs in developing countries is determined by two factors: the nature of the technology used in the partnership and the stage of the partnership

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