The congested intellectual property landscape and its effect on the use of biotechnology for the development of horticultural and subsistence crops

Genetically modified (GM) crops are now widespread but are largely restricted to crops such as corn, cotton, and soybeans where the commercial markets are large. However, barriers such as high costs for regulatory approval and the difficulties encountered in obtaining licenses for commercialization of crops created with these new technologies has limited the development of horticultural and other specialty crops as well as subsistence crops, all of which involve relatively small markets. Examples of a few success stories in this area are given along with an analysis of the factors that can lead to such success. This paper also describes a new initiative for collective management of intellectual property (IP) for public sector institutions that offers new strategies to help overcome some of the IP barriers. The paper concludes with a discussion of some new approaches to public-private partnerships that might also alleviate some of the barriers to introduction of GM specialty and subsistence crops.