Bringing Light to Dark Spots: The Case of Cross-border Bioprospecting

Abstract

Innovation-oriented cross-border collaborations are a means through which developing countries can upgrade technologically. However, the benefits accruing from cross-border collaborations can be asymmetric: while they may possess crucial resources, the developing country may gain little from the collaboration. This chapter examines the context of bioprospecting, defined as the search for biodiversity aimed at commercial exploitation of its biochemical or genetic elements. The well-documented exploitation of developing countries’ natural resources by international partners has made bioprospecting a ‘dark spot’ in the cross-border collaboration space. The chapter adopts an abductive configurational approach to investigate the sets of conditions that allow cross-border agreements to include knowledge transfer and innovation, through crisp-set qualitative comparative analysis. Based on an empirical analysis of fifty-nine cases, some policy recommendations about the need for international collaborations and investments to include greater respect for local communities’ fundamental rights and ecosystems are provided.

Towards integrating country- and firm-level perspectives on intellectual property rights

“…Few developing countries have the legal manpower to properly interpret and judge patent applications by MNEs, or to determine infringements. Where foreign patents infringe upon unpatented intellectual property, such as local traditional medicines or extracts from plants, local actors cannot afford to protect and enforce these IPRs (Giuliani, Jacqueminet, & Nieri, 2022). Even wealthier developing countries with greater resources and significant numbers of skilled bureaucrats, such as China or India, find it challenging (Papageorgiadis & McDonald, 2022).…”