THE IMPACT OF PATENTING RESEARCH TOOLS ON RESEARCH ACTIVITIES

Abstract

Historically, intellectual property (IP) protection focused on research outputs rather than inputs, and access to scientific knowledge was assured through the limitation of the subject matter. Recently, there has been a clear tendency to shift the focus of IP to the inputs themselves especially in some technology fields such as biotechnology. This is illustrated by extensive patenting of research tools that traditionally have been in the public domain. This paper focuses on the impact of patenting of the research tools on research activities in general and on public R&D in the fields of public health and agriculture in particular. The main conclusion of the research is that there is at present a tendency to move beyond the protection of innovative and creative activities towards protection of economic ones sometimes at the expense of the former. Hence, it was recommended that developing countries should on the one hand re-assess their role in the ongoing global IP negotiations (from mere spectators to effective players) so as to protect their vital interests through access to scientific knowledge, and on the other adopt specific policies to mitigate adverse impacts especially by tougher application of the statutory research or experimental use exemption