41 



exchange. "Exchange" also implies that each of two or more parties makes contribu- 

 tions to the transaction. 



All germplasm has the potential to contain protectable intellectual property and 

 any limitations on ownership or commercialization opportunities must be made 

 clear by the owners. This is especially important for materials deposited in the 

 world's gene banks. For example, the International Agriculture Research Centers 

 (I ARC) of the Consultative Group for International Agriculture Research (CGIAR) 

 hold germplasm that is considered the property of the world's people. By institution- 

 al policy, it is available to all without restrictions. Moreover, it is expected that re- 

 cipients will not subsequently protect any of the materials received from the IARCs 

 and make any derived materials unavailable. 



Work group members identified three important issues. First, scientist-to-scientist 

 exchanges should be as unrestricted as possible and can be facilitated by (i) encour- 

 aging the use of research exemptions by all public institutions holding utility pat- 

 ents for plants, (ii) amending the U.S. Plant Variety Protection Act to provide pro- 

 tection against essentially derived varieties, and (iii) encouraging public institutions 

 to adopt the same policies regarding availability of the products of molecular biol- 

 ogy as for more traditional germplasm. Second, country-to-country exchanges should 

 be unrestricted and freely available for distribution in small quantities to bona fide 

 scientists for research purposes. Third, a mechanism is needed to preserve and dis- 

 tribute restricted-use germplasm. The group recommended convening a study panel 

 to develop a system to ensure public availability of restricted material once statuto- 

 ry protection had expired. 



The conferees recommended providing better information to students and scien- 

 tists in agriculture regarding (i) intellectual property rights for plants, (ii) proce- 

 dures for accessing genetic materials in gene banks, and (iii) situations where pat- 

 ents can either increase or decrease germplasm accessibility. The conferees also rec- 

 ommended providing information to administrators on the types of protection avail- 

 able and their implications for germplasm exchange. 



SOCIAL AND ETHICAL ISSUES WORK GROUP 



The social and ethical issues work group identified seven main questions with 

 regard to intellectual property protection of plant materials. These include (i) which 

 agencies, institutions, and individuals should have access to germplasm; (ii) what 

 are the effects of intellectual property protection on biodiversity; (iii) should plant 

 materials be considered private property; (iv) what are the effects of plant protec- 

 tion policies on the social structure of agriculture; (v) what is the impact of intellec- 

 tual property policy on the sustainability, stability, and well-being of the public 

 sector research system; (vi) what rights should farmers retain after purchasing and 

 growing protected seed; and (vii) what are the ethical considerations in educating 

 the public and students about plant protection policies. 



The following policies were recommended, (i) Educate students and the general 

 public on the ethical dimensions of intellectual property issues, (ii) •Policymakers 

 and legislators should consider consolidating intellectual property laws for plants to 

 foster uniform protection for all types of plant intellectual property, (iii) A research 

 exemption policy (e.g., uniform material transfer agreement) is essential for maxi- 

 mizing and facilitating breeder access to germplasm worldwide. This policy should 

 apply to arrangements between private parties as well as those between private and 

 public parties, (iv) An arbitration mechanism should be considered to resolve dis- 

 putes on plant intellectual property, (v) Continued public and quasi-public funding 

 of public sector research is essential to minimize the perceptions of impropriety 

 stemming from direct relationships between public agencies and private companies, 

 (vi) Policies should be developed to provide just compensation to developing nations 

 for use of germplasm obtained from within their borders. 



RESEARCH AGENDA WORK GROUP 



Many universities are under pressure to seek research funds from nontraditional 

 sources. Potential income from patent royalty is one such source. More importantly, 

 however, in recent years the private sector has been willing to fund specific re- 

 search projects at many universities. In providing this research funding, companies 

 generally expect preferential access to intellectual property that might be devel- 

 oped. As part of their contractual obligation on grants, universities agree to seek 

 appropriate protection for intellectual property. Similar obligations exist on Federal 

 grants. 



The major impact of IPR on public sector research agendas is thus indirect. Be- 

 cause of public funding reductions, universities will undertake research for which 



