Intellectual Property Rights and Food Security


Book Description

This book examines the contribution which intellectual property rights can make in the struggle for food security in developing countries. The book consists of 11 chapters. Chapter 1 locates intellectual property rights within the armoury of food security policies. Chapter 2 deals with definitional issues and examines the role of intellectual property rights in incentivizing agricultural research and development. Chapter 3 examines the international landscape of intellectual property and the approaches taken to the relationship between intellectual property rights, agricultural biotechnology, access to biological resources, food security and globalization which are taken by the WTO, FAO, CBD and WIPO among the various international and development agencies. Plant variety rights (PVRs) are a specially created form of intellectual property right originally minted to encourage agricultural innovation and Chapter 4 examines the effectiveness of PVRs in a food security context. Agricultural innovation is in part dependent upon access of researchers to the genetic resources of the biodiverse countries of the South. Chapter 5 considers the attempts to construct an international regime to secure this access. The important role of traditional farmers in preserving landraces and cultivars from which improvements can be derived has generated for a call for the recognition of farmers' rights, and this is examined in Chapter 6 together with agitation for the protection of the traditional knowledge which often informs access to the useful genetic resources. Chapter 7 examines the intellectual property implications of the use of genetically modified (GM) crops as a technological solution to food insecurity. The protection of GM crops is achieved through patent protection and Chapter 9 looks at the competition law implications of patent licensing, patent pools and patent thickets. An old intellectual property device that underpinned the commercial development of European agricultural marketing is the geographical indication, and Chapter 8 examines the contribution it might make to achieving food security. Returning to the theme of the role of intellectual property law in incentivizing innovation, Chapter 10 examines its role in promoting agricultural research. The concluding chapter proposes a number of recommendations for action in deploying intellectual property law in the struggle for food security.




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


Book Description

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.




Intellectual Property, Agriculture and Global Food Security


Book Description

'The instability of the global food supply system requires our urgent attention. There are no easy solutions but the starting point must entail a critical analysis of the existing institutions governing the ownership and exchange of the plant genetic resources that underpin our long-term food security. Dr Chiarolla's book makes a valuable contribution to the debate.' – Graham Dutfield, University of Leeds, UK 'This book captures some of the key issues underlying the ever-lasting food crises both at national and global levels. It demonstrates how global policies impact national and local actions while food insecurity seems to be a constant companion to many, in spite of decades of our work on securing food as a fundamental right for the poor.' – Balakrishna Pisupati, United Nations Environment Programme, Kenya 'This thoughtful book raises important issues about ownership of agricultural resources, the environment and food security. Claudio Chiarolla has written an important book that challenges traditional notions of plant genetic resources and agricultural research. The author's detailed and thorough approach ensures that the book will make a valuable contribution to the debate about sustainable agricultural development and it is highly recommended to anyone interested in intellectual property rights and sustainable agriculture.' – Duncan Matthews, Queen Mary, University of London, UK This well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security. Claudio Chiarolla analyses developmental implications of global regulatory reforms that impact on access to agricultural knowledge, science and technology for sustainable development. Current global arrangements fall short of halving the proportion of people who suffer from hunger in accordance with the Millennium Development Goals' framework. Therefore, the book proposes ways to achieve international equity in the way agricultural research is conducted, how its results are disseminated and the benefits shared. This definitive study will be appreciated by anyone interested in intellectual property, agricultural innovation, environmental policy, biotechnology and associated regulatory challenges. It will be a valuable resource for policymakers and practitioners, legislators, academic professionals, civil society activists and scholars in legal, environment and development studies.




Food Security, Biological Diversity and Intellectual Property Rights


Book Description

This volume advances the claim that the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) adopted in 2001 is the only existing international agreement with the potential to promote food security, conservation of biodiversity and equity. However, for germplasm-rich countries, national interests come into conflict with the global interest. This work shows that the pursuit of national interests is counterproductive when it comes to maintaining genetic resources, food-security and rent-seeking and that optimally, the coverage of the FAO Treaty should be widened to apply to all crops.




The Future Control of Food


Book Description

This practical book highlights the key issues of intellectual property and ownership, genetics, biodiversity and food security. Additionally it covers negotiations in the World Trade Organization, Convention on Biological Diversity, UN Food and Agriculture Organization and various other international bodies.




The State of Food Security and Nutrition in the World 2018


Book Description

New evidence this year corroborates the rise in world hunger observed in this report last year, sending a warning that more action is needed if we aspire to end world hunger and malnutrition in all its forms by 2030. Updated estimates show the number of people who suffer from hunger has been growing over the past three years, returning to prevailing levels from almost a decade ago. Although progress continues to be made in reducing child stunting, over 22 percent of children under five years of age are still affected. Other forms of malnutrition are also growing: adult obesity continues to increase in countries irrespective of their income levels, and many countries are coping with multiple forms of malnutrition at the same time – overweight and obesity, as well as anaemia in women, and child stunting and wasting.




Intellectual Property, Agriculture and Global Food Security


Book Description

'This thoughtful book raises important issues about ownership of agricultural resources, the environment and food security. Claudio Chiarolla has written an important book that challenges traditional notions of plant genetic resources and agricultural research. the author's detailed and thorough approach ensures that the book will make a valuable contribution to the debate about sustainable agricultural development and it is highly recommended to anyone interested in intellectual property rights and sustainable agriculture.' - Duncan Matthews, Queen Mary, University of London, UK




Food Security and Intellectual Property - How the Private and the Public Sectors Use IP to Enhance Agricultural Productivity


Book Description

A series of public events is planned with a view to demonstrate IP driven success stories of agricultural development with a particular focus on food security. A coordinated action is intended with selected partners from the plant related innovation industry, the public agricultural research sector, farmers associations of selected developing countries, relevant intergovernmental (FAO, UPOV), non governmental organizations and potential donors. A first Seminar was held on June 14, 2011, at the WIPO Headquarters in Geneva.




The Challenge of Food Security


Book Description

'The Challenge of Food Security addresses one of the key development challenges of our time. It examines issues related to food security in a comprehensive manner that covers both theoretical perspectives and policy challenges. It will be a key reference book for anyone interested in issues related to food security.' Philippe Cullet, University of London, UK 'This is a timely book which addresses one of the greatest challenges for international regulation: food security. The book is a comprehensive treatment of various aspects of food security from its origins to the relationship between food security and other values, the role that commodity trading plays in exacerbating food insecurity, the importance of adequate food governance, together with specific food security problems like fish, water and genetic resources. The editors should be congratulated on a stimulating collection of essays that brings together a diverse range of scholars and which sheds real light on the complex dimensions of the food security debate.' Fiona Smith, University College London, UK This timely study addresses the pressing issue of food security through a range of interdisciplinary contributions, providing both scholarly and policy-making perspectives. It sets the discussion on food security within the little-studied context of its international legal and regulatory framework. The expert contributors explore the key issues from a development perspective and through the lens of existing governance and policy systems with a view to articulating how these systems can be made more effective in dealing with the roots of food insecurity. The book considers the root causes of food insecurity before discussing the regulatory challenges inherent in reconciling food production and sustainability to ensure both adequate supply of and equitable access to food, particularly in light of emerging issues such as food price volatility, 'land grabbing' and the need to coordinate the actions of the multitude of actors that influence food policy and regulation. It highlights the need for more equitable, transparent and coherent policy and regulatory approaches to the myriad of issues that make up the food security challenge. This cross-cutting study will appeal to researchers in law, international relations, agricultural science and food systems, as well as to policy makers in government and international organisations that engage with policy and regulation of food security issues. It will also be essential reading for professionals in non-governmental organisations that are interested in development issues in general and food security in particular.




International Food Law and Policy


Book Description

International Food Law and Policy is the first interdisciplinary piece of academic literature of its kind with a comprehensive, reader-friendly approach to teaching the major aspects of food regulation, law, policy, food safety and environmental sustainability in a global context. The sections are grouped by continents and focus on a range of cross-disciplinary subjects, such as public health, international food trade, the right to food, intellectual property and global regulatory aspects of food production. With its systematic approach, this book will be a valuable resource both for professionals working in food regulation and anyone interested in the subject. It provides a solid foundation for courses and master’s programs in environmental management, food law, policy and regulation, and sustainable development around the world.