Abstract
Genetically modified (GM) crops have been on the market for almost 27 years and since the beginning have been protected by intellectual property (IP) rights that restrict their use and commercialization by third parties. In addition, their development is typically associated with elevated costs, making their production by public research institutions extremely difficult, especially in developing countries. Nevertheless, many patents for the first generation of GM crops have already expired, and others will do so soon, opening the path to generic GM crops. Using technologies in the public domain makes it possible to deliver GM seeds adapted to the local environment at affordable prices. This paper describes the development of the first Latin American off-patent GM corn and discusses the relevant IP and regulatory issues that allowed its commercial release in Colombia. The approach exposed here can be utilized for other crops or characteristics of agronomic interest.
Keywords:
Off-patent event; generic GM crops; GM crop biosafety; GM crop regulation; freedom to operate