Issue No. 50 US should alter biotech patent policy to aid Africa

February-March 2004

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In their new study, American Patent Policy, Biotechnology, and African Agriculture: The Case for Policy Change, Resources for the Future (RFF) Senior Fellow Michael Taylor and Jerry Cayford document current patent policy in the United States and argue that it may well impede use of biotech agricultural advances in developing countries. They suggest a set of policy changes that could help African farmers access these new technologies, while leaving intact the structure of the patent system and not undercutting the innovation incentives it provides. RFF describes itself as an independent institute dedicated exclusively to analyzing environmental, energy, and natural resource topics.
The report argues that US patent policy is not fully aligned with goal of achieving global food security. RFF believes modern biotechnology, along with other important tools, can help solve some of the basic productivity problems that affect African farmers, but notes that much of the biotechnology toolkit has been patented in the US and elsewhere by companies “with little economic incentive to develop and disseminate the techhnology to meet the needs of these farmers.”
To improve access to patented technologies, it is argued that policy should;
— create a strong research exemption,
— establish a compulsory licence requirement for agricultural biotechnology,
— establish a “working requirement” for agricultural biotechnology patents (anything not used for a developing country purpose within 3 years could be subject of a Ylonexclusive licence),
— exercise US eminent domain authority (allowing developing country use
— make available US government-funded or owned biotechnology.

C.S Prakash,