Assessment of IP management in Agricultural Biotechnology Industry: Insight from a case study

Since 1997, M Inc. faced litigations against non-contracted and contracted farmers about the issues of IP infringement and contract breach. M Inc.´s IP strategies include licensing, royalties, violation reports, investigations, settlement agreement and lawsuits. Organic farmer associations (OSGATA) sued M Inc. for IP invalidity because of misuse, double patenting and IP unenforceability since 2011. M Inc. won OSGATA the litigation after Supreme Court ruling in 2014. After impacts of GMO issues in these cases, it is encouraged that M Inc. (and other related industries) would establish new non-technological and technological strategies that is to donate upcoming expired patents to the publics, and to develop new products based on “Breeding Biotechnology” which is friendly to human health and environment. It is foreseen that the transformation of IP managerial in the agricultural biotechnology industry following the case of M. Inc. will achieve a win-win situation for both sides, the Agricultural Biotechnology Industry and the Publics.