The letter, addressed to Director Manjit Misra of the National Institute of Food and Agriculture at the USDA, expresses concerns from leading academic and research organizations regarding the USDA's October 8, 2024 announcement on research access to germplasm developed with federal funds. The organizations interpret the announcement as potentially signaling a move toward mandating unrestricted access to such germplasm, which they argue would constitute an unprecedented deviation from the established Bayh-Dole Act. They caution that this could undermine incentives for private sector licensing and commercialization of university-developed agricultural innovations, consequently diminishing the broader impact of federally funded research.
While the organizations emphasize their support for appropriate public access and dissemination of research outcomes, they stress that technology transfer is a complex process best managed by academic professionals and inventors familiar with the specific context and societal benefits of each innovation. They argue against a uniform policy that prioritizes access above all else, warning that this could negatively affect both ongoing research and prospects for commercialization. The letter urges the USDA to clarify its position, reaffirming a commitment to both the dissemination of research and the protection of intellectual property rights, in line with existing laws and practices. The signatories also offer their assistance as resources for further discussion and policy consideration.
