Globalisation and the International Governance of Modern Biotechnology IPRs, Biotechnology and Food Security

by Farhana Yamin - Foundation for International Environmental Law and Development (FIELD)

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Introduction

This paper examines the development and enforcement of intellectual property rights (IPRs) at the international and national level and the impacts of IPRs on biotechnology, agricultural practices and food security concerns in the context of globalisation. The paper assesses whether the development and enforcement of IPRs has constrained the ability of regulatory bodies in developing countries and international institutions to promote food security policies. Recommendations to enhance the ability of international institutions and governments to promote food security policies that benefit the poorest countries and groups are suggested. The paper is structured as follows.

Section I sets the context of the study and deals with scope and definitional issues. It also examines different approaches to the relationship between IPRs, agricultural biotechnology, food security and globalisation. It highlights the difference in approach of institutions focusing on macroeconomic analysis, used by the WTO and global financial institutions, and the approach of those more concerned with the effects on people at microeconomic level, such as development agencies, NGOs and the family of UN institutions.

Section II surveys the key actors promoting IPRs/globalisation and those opposing them and the strategies they have adopted. The section describes the national and international policy-making institutions as well as patent offices and courts as the latter have played an important role promoting IPRs. Pro-IPR industries have strategically targeted key economic policy-making fora, such as the GATT/WTO and patent offices.

Section III provides an historical account of significant policy and regulatory developments that have lead to the extension of IPRs. The account examines national and international developments across a range of institutional fora illustrating the complex dynamics between corporate, governmental, NGOs and judicial actions. As is clear from the timeline, IPRs have evolved over centuries. The general trend has been for strengthening IPRs, particularly as higher levels of economic development are reached.

Section IV examines how IPRs, as embodied in TRIPs, impact the food security of poor and vulnerable groups globally. Given public resistance to genetically modified (GM) foods, the continued grant of IPRs for biotechnological inventions in the agricultural sphere appears to advance the interests of particular corporations rather than consumer interests or the pursuit of sustainable development.

Section V focuses on how IPRs are impacting the ability of researchers to engage in research directed to improving the food security of developing countries, particularly poorer groups of farmers within such countries. The focus is on whether the current IPR landscape unduly restricts the freedom to operate of such researchers.

Section VI looks at the impact of enforcement of IPRs on farming practises, particularly in developed countries. A key question here is whether the freedom of 4 farmers to grow non-GM or organic crops is being restricted by the enforcement of IPRs granted on genetically modified crops and seeds.

Section VII sets out conclusions and recommendations.