Food Security and Intellectual Property Rights: Finding the Linkages’ (with Savita Mullapudi and Manuel Ruiz)

INTELLECTUAL PROPERTY AND HUMAN DEVELOPMENT: CURRENT TRENDS AND FUTURE SCENARIOS, Tzen Wong, Graham Dutfield, eds., Cambridge University Press, 2011

19 Pages Posted: 10 Oct 2011 Last revised: 20 Mar 2015

Date Written: October 10, 2011

Abstract

This Chapter seeks to identify some of the connections and linkages between food security and IP, particularly in terms of how the right to food as a human right may become affected through policy and legal restrictions and limitations imposed by the very nature of IP. First, an overview of some of the legal and conceptual foundations for the right to food are given. Then, some of the key international instruments recognizing the right to food and food security are analyzed. Some of the trends in technological innovation as it relates to agriculture are addressed, before identifying the impacts of patents and plant variety protection (PVP), addressing the possible flexibilities inherent in the TRIPS Agreement. Subsequently, concerns regarding enclosure of seeds and biodiversity components under the Convention on Biological Diversity (CBD), and concerns relating to environment and the culture of local and indigenous peoples are analyzed, before moving on to discuss implications of the International Treaty on Plant Genetic Resources for Food and Agriculture 2004 (ITPGRFA). Finally, there is an analysis of the options for developing countries to ensure better use of genetics resources and strategies for research and development (R&D) more targeted towards local needs.

Keywords: patents, plant variety rights, International Treaty on Plant Genetic Resources for Food and Agriculture, Convention on Biological Diversity, International Convenant on Economic, Social and Cultural Rights

JEL Classification: K33, Q18

Suggested Citation

Haugen, Hans Morten, Food Security and Intellectual Property Rights: Finding the Linkages’ (with Savita Mullapudi and Manuel Ruiz) (October 10, 2011). INTELLECTUAL PROPERTY AND HUMAN DEVELOPMENT: CURRENT TRENDS AND FUTURE SCENARIOS, Tzen Wong, Graham Dutfield, eds., Cambridge University Press, 2011. Available at SSRN: https://ssrn.com/abstract=1941607

Hans Morten Haugen (Contact Author)

VID Specialized University ( email )

P.O.Box 184 Vindern
Oslo, 0319
Norway
+4722451797 (Phone)
+4722451950 (Fax)

HOME PAGE: http://www.vid.no

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