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Panel 5. 8. Digital Knowledge Commons and Intellectual Property

Session 5. 8.

ZOOM
YOUR LOCAL TIME:
Tuesday, June 17, 2025 1:30 PM – 3:00 PM Integrative Learning Center ILCS231
Emergence of Digital Commons in Indian Agriculture: the Role of Public Policy
in-person
Soutrik Basu and Anupam Kumar
School of Public Policy - IIT Delhi, India

Agri-digitalization refers to applying digital technologies, such as digital platforms, big-data analytics, cloud computing, and sensors, to leverage computational advantages in extracting, processing, and converting data into actionable insights for agriculture. The Indian government has been promoting agri-digitalization for a while, often termed Digital Public Infrastructure (DPI) for agriculture. DPI in agriculture essentially entails the creation of an Agri Stack, a comprehensive farmer database with details on land, crops, cropping patterns, livestock, and other related information. The Stack will be a consolidated platform for AgTech startups, agri-value chain enterprises, government programs, and banks to access and utilize farmer data to create a wide range of digital solutions for advisory services, input procurement, market connectivity, benefit transfer, and credit accessibility. The concept of commons, on the other hand, is often understood as shared resources. The resource can be tangible, as in the case of natural resource commons. Still, it can also be intangible resources such as knowledge that came into existence via social production. Here, our focus is on the intangible commons: the Agri Stack. We term the Agri Stack as Digital Agricultural Commons, which results from the social production process between several actors, primarily farmers. We have employed a pluralistic methodology, including primary and secondary data, to understand how the creation of Agri Stack is a social process in which human-human, human-nature, human-policy, and human-technology interactions create digital agri-commons. We also show that these interactions are mediated by several actors such as CSOs, governments, and business entities, and reconfigure existing social relations. Nonetheless, as is the case for any commons, the threat of enclosure looms large here. Therefore, our paper suggests policy implications to emphasize the ‘use value’ to keep the Agri Stack within the commons instead of taking it into closed, proprietary systems that focus more on ‘exchange value’.

The “Anticommons” Phenomenon in the Field of Intellectual Property Rights in the Guangdong-Hong Kong-Macao Greater Bay Area and Its Legal Thinking
in-person
Jiagui Li
Macao Polytechnic University, China

China's intellectual property system is a system transplanted from abroad. Its purpose is to protect property rights to improve production efficiency. However, excessive concentration of rights will lead to insufficient incentives for innovation. The intellectual property legal system, which was originally legitimate, has low efficiency and obstacles in actual social effects, resulting in the "anti-commons tragedy". This article uses the case analysis method to analyze the "anti-commons" phenomenon in the field of intellectual property rights in the Guangdong-Hong Kong-Macao Greater Bay Area. The study found that there are countless patents in the fields of trademarks and copyrights in the Guangdong-Hong Kong-Macao Greater Bay Area, and their rights scope may have a large degree of overlap or overlap, causing intellectual property entanglements and disputes. The phenomenon and dilemma of resources not being fully utilized due to too fine property rights division is a "anti-commons tragedy". In view of this, the article believes that it is necessary to explore a new property rights dispute resolution mechanism to make up for the shortcomings of the "damage compensation" mechanism in legislation. The combination of "new development concept" and "benefit sharing theory" should promote the comprehensive development of the value of works, realize the combination of "rights protection" and "prosperity", and balance the legitimate rights and interests of all parties with the goal of "common development".

Keywords: Guangdong-Hong Kong-Macao Greater Bay Area, Anti-Tragedy of the Commons, Intellectual Property, Solution Mechanism, Efficiency

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