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Revista Colombiana de Biotecnología

Print version ISSN 0123-3475


HINCAPIE ROJAS, Viviana Patricia  and  CHAPARRO-GIRALDO, Alejandro. Study of freedom to operate for a genetically modified potato (Solanum tuberosum L.) line. Rev. colomb. biotecnol [online]. 2014, vol.16, n.1, pp.119-128. ISSN 0123-3475.

During the development of biotechnological products, some materials and processes are used, which can be protected by intellectual property rights (IPR's). In order to avoid legal problems related to their marketing, freedom-to-operate studies need to be done. This study was made on a genetically modified (GM) potato (Solanum tuberous L.) derived from variety "Pastusa Suprema", which expresses the gene cry1Ac from Bacillus thuringiensis, developed by Corporation for Biological Research (Corporación para Investigaciones Biológicas - CIB) and National University of Colombia at Medellín (Universidad Nacional de Colombia, sede Medellín). The starting point was the deconstruction of the product, whose result was the list of materials and processes used in the development of the new product. Patents and related applications were searched in national and international databases. At the international level, four applications and eighteen patents were found, most of which have not been applied for in Colombia. At the national levee, thirteen applications were found, which have expired, have been denied, abandoned, desisted or are currently on request. The plant variety has commercial registration but not breeder's certificate. Documents of the partaker institutions with IP clauses and other documents of interest, such as Material Transfer Agreements (ATM), were examined. It can be concluded that the freedom to operate might be affected for issues related to the ATMs and to the complexity of inter-institutional agreements, rather than for intellectual property rights.

Keywords : Intellectual property rights; biotechnology; transgenic crops.

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