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The Application of TRIPS to GMOs: International Intellectual Property Rights and Biotechnology

Stanford Journal of International Law, Vol. 45, No. 2, pp. 287-320, 2009

34 Pages Posted: 14 Dec 2009  

Debra M. Strauss

Fairfield University - Charles F. Dolan School of Business

Date Written: December 14, 2009

Abstract

Biotechnology companies have fought to have their rights to seeds and genetically modified organisms (GMOs) recognized and enforced in the international community. This article analyzes the treatment of GMOs by the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), comparing its application in the U.S. and overseas in contrast with other international laws regarding GMOs that embrace the precautionary principle and restrict this technology. Particular emphasis is given to the broader issues of intellectual property rights as applied to developing countries, which rely upon the small farmer, and the long term goals of the international community. The article proposes a model of intellectual property rights and international trade as a means to promote constructive innovation for the public benefit by encouraging socially responsible technology.

Keywords: intellectual property, international trade, international law, GMOs, food and drug law, biotechnology, genetic engineering, genetically modified, TRIPS Agreement

Suggested Citation

Strauss, Debra M., The Application of TRIPS to GMOs: International Intellectual Property Rights and Biotechnology (December 14, 2009). Stanford Journal of International Law, Vol. 45, No. 2, pp. 287-320, 2009. Available at SSRN: https://ssrn.com/abstract=1523514

Debra M. Strauss (Contact Author)

Fairfield University - Charles F. Dolan School of Business ( email )

1073 N. Benson Road
Fairfield, CT 06824-5195
United States
203-254-4000 ext. 3160 (Phone)

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