The Innovation Society and Intellectual Property
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The Innovation Society and Intellectual Property

Edited by Josef Drexl and Anselm Kamperman Sanders

Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity.
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Chapter 2: Is UPOV 1991 a good fit for developing countries?

Mrinalini Kochupillai


Intellectual property (IP) protection regimes aim to avoid market failures associated with public goods and free riding on the one hand, and those associated with over protection on the other. This article revisits the market failure theory in the context of plant variety protection (PVP) regimes, with specific reference to the Indian regime in comparison with UPOV 1991. It finds that knowledge contained in formally bred/improved plant varieties do not meet the criteria of nonexcludability that characterizes public goods. The article argues that current PVP regimes and associated policies fail to recognize actual market failures that plague this field of innovations today, thereby introducing new forms of market failure rather than addressing existing ones. The new market failures that result from such regimes and policies perpetuate suboptimal dissemination and skew the balance of incentives away from informal (farmer level) innovations and in situ agrobiodiversity conservation.

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