The Food and Agricultural Organization and Food Security in the Context of International Intellectual Property Rights Protection

Hitoshi Nasu and Kim Rubenstein (eds) Legal Perspectives on Security Institutions, Cambridge University Press (2015), pp. 269-291

ANU College of Law Research Paper No. 16-23

31 Pages Posted: 9 Jan 2016 Last revised: 14 Jan 2016

Date Written: 2015

Abstract

This chapter identifies the causes of chronic food insecurity as a form of market failure facilitated by the rules of international intellectual property law, as primarily embodied in the Agreement on the Trade Related Aspects of Intellectual Property Rights (TRIPS). While acknowledging that food insecurity is not a problem solely created by the post-TRIPS legal environment, this chapter argues that the legal rules on intellectual property play a significant role in supporting and encouraging those market forces that adversely impact upon the access, availability and affordability of food, and in causing significant disruptions to the traditional farming practices of farmers in the Global South. International responses, orchestrated by the Food and Agricultural Organization (FAO), to the food security problem in the context of agriculture, comprising the movement towards farmer’s rights and the right to food, have offered some useful solutions to the crisis. After examining the legal frameworks relevant to food security, this chapter provides three critiques of FAO’s response to the problem of food security with the finding that the regime conflict deprives FAO of a useful role in norm creation, effective administration of food security, and reconciliation of ‘norm collision’ to overcome a property-type policy response.

Suggested Citation

Thampapillai, Dilan, The Food and Agricultural Organization and Food Security in the Context of International Intellectual Property Rights Protection (2015). Hitoshi Nasu and Kim Rubenstein (eds) Legal Perspectives on Security Institutions, Cambridge University Press (2015), pp. 269-291, ANU College of Law Research Paper No. 16-23, Available at SSRN: https://ssrn.com/abstract=2710977

Dilan Thampapillai (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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