Agriculture and intellectual property rights: economic, by Vittorio Santaniello, Robert E Evenson, David Zilberman,

By Vittorio Santaniello, Robert E Evenson, David Zilberman, Gerald A Carlson

This booklet has arisen from the convention entitled 'The form of the arrival agricultural biotechnology transformation: strategic funding and coverage ways from an financial standpoint' convened by way of the foreign Consortium on Agricultural Biotechnology learn (ICABR), held in Rome, June 17-19, 1999. Papers are divided among 4 sections protecting: criminal platforms (5 papers); fiscal matters (5 papers); biotechnology innovations (2 papers); and case reviews (2 papers)- North the US and Canada. to be had In Print

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The Regulation specifies forage, cereal, potatoes and fibre species for which farmers have the privilege of using farm saved seed on their own farms. This privilege does not apply to horticultural and tree varieties. Farmers’ privilege, however, is subject to a quantitative restriction which sets a limit to the quantity of seed that each farmer can produce. Farmers of mediumand large-sized farms are required to pay royalties to the owner of the Breeders’ Right. The amount of this payment is set based on area-specific criteria.

Lesser This chapter is organized as follows. First, the institutional and theoretical bases of IPR under the CBD are considered. Next considered are the scope and applicability of IPR to genetic resources, followed by a discussion of the use of access legislation as a means of controlling the use of genetic resources. As part of the discussion, the status of Farmers’ Rights is introduced. Finally, I end with an identification of areas where economists can contribute to the implementation of the Biodiversity Convention.

Essentially, any provable consequential damage is recoverable, including loss of profits due to suppression of prices by infringing competitive products, loss of profits by loss of infringing sales and any other provable consequential economic damage. This is in contrast with most countries where, at most, usually a small percentage royalty corresponding generally to industry-established royalty rates are the measure of infringement damages. The potential high damages in the USA have a very substantial ‘chilling effect’ on would-be infringers.

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