Ex Post Use Restriction and Benefit-sharing Provisions for Access to Non-plant Genetic Materials for Public Research

This study investigates the tradeoffs that providers of genetic materials make between constructing a benefits arrangement and establishing use restrictions. The analysis makes use of individual- and project-level data collected from university and government researchers in the United States. Results show, for instance, that although most genetic resources are exchanged without up-front payments, when up-front payments are required for transfer, recipients are less likely to be expected to contribute monetary or non-monetary benefits after receipt of material. Recipients are also less likely to be subjected to ex post restrictions on the use of the materials they receive. Conversely, when recipients are expected to provide information from project results, up-front payments for genetic materials are less likely to be assessed. The paper concludes that up-front payments can be applied in ways that avoid complex restrictions and obligations that may hinder the exchange of genetic materials, public research, and further innovation.