ISHS Acta Horticulturae 760: XXVII International Horticultural Congress - IHC2006: II International Symposium on Plant Genetic Resources of Horticultural Crops
UNDERSTANDING AND PROTECTING HORTICULTURE'S INTELLECTUAL PROPERTY - A REVIEW OF OPPORTUNITIES |
| Authors: | G.R. Dixon, J. Ogier |
| Keywords: | knowledge, scholarship, principles, processes, identification, evaluation |
| Abstract:
Horticulture absorbs and applies scientific and technological advances with comparable speed to many other rapidly evolving sectors of biotechnology. But it is generally slower to recognise the value of and to protect its intellectual property (IP) rights or the intellectual capital (IC) within its business. As an entity ICP may be defined as 'knowledge and ideas that underpin and lead to protectable products and processes' (IP). Ultimately IP translates into tangible rights that can gain legal protection. The IP itself can embrace both pre - protectable and directly protectable assets. Protection by statute is normally only feasible where a product or process can be defined and proved to be unique or novel against statutory criteria. Prior to that point much research and development (R & D) is required. The processes of R & D are wholly dependent on the free and unfettered interchange of scientific ideas, results and theories. The continuum and interactions of cycles in R & D are well defined. These need to be integrated with processes to protect the steps in the inventive process and provide proof of ownership of the results. Within these stages a point is reached when ideas and results from the invested intellectual capital can gain value as assets because they form intellectual property capable of commercial exploitation. This is the point where knowledge and scholarship cease to be free public entities and become wealth that has financial value. The ease with which this point can be identified varies substantially and is a heavily debated topic with considerable commercial relevance. This paper discusses the elements that compose IP specifically related to horticulture, how it may be identified and evaluated, and mechanisms for its protection. An example of the Intellectual Property environment that has been established in Guernsey, Channel Isles is provided. Particular ethical and social issues pertain to the definition of IP and its safeguarding by legal rights in horticulture. Development of global free trade by horticultural industries makes the consideration of issues surrounding IP of particular relevance and importance. | |
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