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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.
Technology revolutionised the ways that music was produced in the twentieth century. As that century drew to a close and a new century begins a new revolution in roles is underway. The separate categories of composer, performer, distributor and listener are being challenged, while the sounds of the world itself become available for musical use. All kinds of sounds are now brought into the remit of composition, enabling the music of others to be sampled (or plundered), including that of unwitting musicians from non-western cultures. This sound world may appear contradictory - stimulating and invigorating as well as exploitative and destructive. This book addresses some of the issues now posed by the brave new world of music produced with technology.
Intellectual Property Rights (IPRs) play an important role in the struggle for food security and encouraging agricultural research and development. This book examines these roles as well as the international relationship between IPRs, agricultural biotechnology, access to biological resources, food security and globalisation, paying particular attention to proposals for the protection of Farmers' Rights, traditional knowledge, GM crops and the impact of competition laws. It proposes a number of recommendations for action in deploying IPRs in order to reach greater food security globally.
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.
People, Plants and Patents: The impact of intellectual property on biodiversity, conservation, trade and rural society
This important volume provides a basic understanding of the different forms of intellectual property rights in agricultural science. It provides an abundance of information on the use of IP laws in agriculture and allied subjects and their proper implementation in real-life practice. The chapter authors discuss different kinds of IP laws and their current status in developed as well as developing countries throughout the world. The protection of biological resources is crucial for food security for future generations. Biological resources are the source of several important genes. Researchers are interested in the development of plant varieties that can increase crop production, withstand dramatic climatic changes, etc. Protecting intellectual property rights in plant varieties and the rights of farmers and others are discussed in this volume. It also looks at new trends and developments in the field involving new IP strategies and the application of IP laws in agriculture and biotechnology and in the management of plant genetic resources.
This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.
The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.
Regulations on Intellectual Property Rights (IPRs) and Geographical Indications (GIs) have a long history, leading back to two separate organizations devoted to dealing with them: the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO). The WTO, through its 1994 TRIPS Agreement, gives wines a high level of protection, but leaves individual countries to draw up national GIs legislation for other agri-food products. On the other hand, the WIPO implemented the Lisbon Agreement of 1958 and gives GIs a high level of protection, but involves a lower number of countries. The US approach follows the WTO and is based on existing trademarks and competition legislation, while the EU legislation is partly based on the Lisbon Agreement and has a sui generis legislation, giving a high level of protection to agri-food GIs. The two different legislative approaches on IPRs on GIs are a source of political and economic debate between the US and the EU that impact massively on agri-food supply chains, consumer relations, and environmental and cultural aspects, as well as trade. This book provides insights into the potential impacts that the future Transatlantic Trade and Investment Partnership (TTIP) agreement could have at national, European and international level, and covers areas such as policy setting, implications for trade and consumer perception, food safety, and rural and local development. As such, it will provide a reference point for researchers and academics in agricultural and rural economics and law, as well as policy makers.
This book examines the role of local knowledge in promoting agricultural innovation and legislative support for agricultural innovation through intellectual property laws and the protection of farmers’ rights. In assessing the role of intellectual property in promoting agricultural innovation the book examines plant variety rights protection, the patenting of plant varieties and plant breeding methods; gene patents and climate change; open source biotechnology and agricultural innovation and geographical indications and the marketing of agricultural products. As a test bed for the application of the themes of the book, it applies a case study approach to look at the role of local knowledge and intellectual property rights in the cultivation of traditional rice varieties in Kerala, South West India and the extent to which this cultivation is supported by Indian legislation. The book concludes with an examination of the success of self-help groups, such as Farmers’ Clubs. This book appeals to all readers interested in policies to promote sustainable agriculture at a time of increasing food insecurity. A special feature of the book is the case study approach. To date, the role of local knowledge and agricultural innovation has been almost entirely ignored and the role of intellectual property in this space has been largely ignored. The book is a result of a research collaboration between the University of Western Australia and Kerala Agricultural University, funded in part by the Australian Research Council.