Science and Technology Policy Department State University of Campinas Brazil Globelics Academy - 2004 Agriculture in Brazil: plant genomics networks and international intellectual property rights. Ester Dal Poz Ester Dal Poz GEOPI – Research Organization and Innovation Studies Group Supervisor: Dr. Sandra de Negraes Brisolla Science and Technology Policy Department State University of Campinas Brazil Globelics Academy - 2004 Agriculture in Brazil: plant genomics networks and international intellectual property rights. Ester Dal Poz Ester Dal Poz GEOPI – Research Organization and Innovation Studies Group Supervisor: Dr. Sandra de Negraes Brisolla
The context of the problem Biodiversity Agri - Biotechnology IMPACTS of S & T activities SocialEnvironmentalPoliticalEconomic NEEDED : Comprehensive policy - making
Genomic Agricultural Biotechnology (GAB) Networks Public investment in genomics innovation in agriculture - is it or not the best option to stimulate Brazilian agricultural biotechnology development ? (Fonseca, Silveira & Dal Poz, 2003) Is it advisable to support public GAB basic research? Which is the innovative Brazilian potential? YES, we have ag-biotech institutions
Framework of analysis Main concept Co-evolution of macro, meso and micro-institucional forces Unit of analyses The institution The object Genome Projects – Sucar Cane and Eucaliptus (researchers, bioentreprises agents, policy-makers of funding agencies, “politics” actors )
Genomics, proteomics, bioinformatics in Brazil - More than 30 public research networks in 5 years; - 900 researchers, networking in 30 public research loci; - Scientific international expertise; Some spin offs: new technologies, huge impact on productivity and in market dynamics; - Agricultural industry collaboration.
In the global IPRs scenario WTO-TRIPS, CBD, UPOV How to develop systemic appropriation capabilities ? How to develop systemic appropriation capabilities ? What kind of capabilities? Which policies may support appropriation?
Commonly accepted considerations about biotechnology – GAB appropriation 1) Developing capability in S&T&I: integrate experience and expertise in intellectual property rights (IPRs), biosafety and commercial linkages. 2) IPRs:primordial factors in the definition of the forms of diffusion of biotechnologies for systematic gains and new patterns of competitiveness in agricultural markets.
3) TRIPS-WTO: Ordinary confidence about the necessity of IPRs capability building in agricultural biotechnology. 4) As formal and normative tool of knowledge based economy, the IPRs international regime is indeed the tangible entity by which biotechnology innovation is recognised for market aims
ASSUMPTIONS By itself, IPRs regime is not enough for technological catching up for development countries. - Technology nature and competition environment interpose on the private appropriation of innovation results (Teece, 1986); its importance varies among sectors, industries and markets, in a globalized economy. - Intellectual Property is only one of the mechanisms involved in innovation appropriation.
Hipothesis on GAB appropriation capabilities a) Dynamic process b) Different actors strategic appropriation performances c) IPRs legal systems are the formal legal base for stakeholders - drifting and disclosing strategic interests. d) Appropriation games do not have only a legal or diplomatic nature (IPRs international fora and IPRs legal context): the market context.
e) Appropriation capabilities are embodied in biotechnology networks specific innovation modus operandi, and depend on the S&T policy base and actors’ capacity of integrating many sorts of scientific, technological and market assets.
Objective GAB apropppriation depends on a systemic and integrated IPRs capability building, in the level of S&T institutitions and S&T policy making. Objective GAB apropppriation depends on a systemic and integrated IPRs capability building, in the level of S&T institutitions and S&T policy making.
Practical objective Generate IPRs capacity-building benchmarks, to integrate intellectual property rights and Brazilian development policy.
PARTIAL RESULTS A scenario of the inter-connected evidences about the GAB appropriation dynamics, concerning: 1. Legal IPRs instruments. 2. GAB innovation dynamics
1.Concerning legal IPRs instruments 1.1 Normative assimetry among IPRs global law and discussion fora: TRIPS-WTO, Convention on Biological Diversity, UPOV, WIPO, etc.
(?): no legal definition ; Y: YES, IPR protection ; N: no IPR protection Diversified ensemble of national laws regarding IPRs in the WTO signatory group of developing countries. It is not a neutral factor concerning technological catching up (Dal Poz & Brisolla, 2003): appropriation assimetry
1.2 TRIPS agreements legal structure presents a high level of adherence with developed countries IPR legal systems . 1.3 TRIPS pipeline imperative: IPRs protection in any WTO signatory country, independently of the geografic region in which scientific information was generated.  The focus of appropriation games is TRIPS 27.3(b) article, about genes and genetic resources innovation products ownership. GENES: natural entities or intellectual discovery? 
2. Concerning GAB innovation dynamics 2.1 Building-blocks of knowledge and information - Combination of existing research protocols and methodologies with new scientific concepts, from distinct disciplines - genetics, molecular biology, proteomics, functional genomics, and biochemistry, bioinformatics, nanotechnologies... - Great potential for interaction with other technologies activities and academic fields (Fonseca and Silveira, 2002; Silveira, Dal Poz and Fonseca, 2000).
2.2 Ag-biotechnology based market modus operandi : - Market feed-backs between industries of chemistry and the agriculture sectors. - Market organizations are important agents of innovation coordination: policy-making pressures; in house and network of laboratories – universities, governmental institutions and a multitude of medium and small specialized firms. - In Brazil: private firms embedded in a complex and dynamic amalgamation of expertise, capabilities and proficiency (EMBRAPA, Agronomical Institutes, Museu Paraense Emilio Goeldi, etc) (Silveira & Dal Poz, 2003 - Brazilian S&T Ministry Private R&D Directory – DPP - sectorial study)
2.3 GAB scientific networks are international semi- public bodies of knowledge - Genebanks: very accessible basic science information for innovative strategies - Agribusiness and biotech corporate sectors market strategies: high investments; mix of old biotechnologies, GAB in house R&D and collaborative research with public sector (despite of Genetic Modified Organisms based products polemic issues)
2.4 Brazilian institutional dimension of IPRs appropriation depends on specific competences in the level of the firm and in key public research institutions (Silveira, Fonseca & Dal Poz, 2001 and 2003) - There is a new wave for IPRs competences development 2.4 Brazilian institutional dimension of IPRs appropriation depends on specific competences in the level of the firm and in key public research institutions (Silveira, Fonseca & Dal Poz, 2001 and 2003) - There is a new wave for IPRs competences development
Some of the partial results have pointed: IPRs capability building dimensions for the i ntegration of scientific, technological and market assets. (i) awareness creation; (ii) human resource development; (iii) institutional development; (iv) S&T development followed by market information access.