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New Plant Variety Protection, Plant Genetic Resources for Food and Agriculture, and Access to Adequate Food in Developing World's 'Melting Pot'

Appazov, Artur (2008)
Department of Law
Abstract
Being a very important part of property per se, intellectual property is performing the duty of securing social development by providing incentives for inventors to create and thus benefit society. It is of no doubt this property should be protected. However, this protection should not encroach upon other rights, such as human rights, in particular the right to adequate food&semic thus, intellectual property should be in adequate balance with human rights. The intertwining of intellectual property rights and human rights takes place, inter alia, in the issue of new plant variety protection. New plant varieties can be legally protected by the current legal regime stipulated for the most part by the Trade Related Aspects of Intellectual... (More)
Being a very important part of property per se, intellectual property is performing the duty of securing social development by providing incentives for inventors to create and thus benefit society. It is of no doubt this property should be protected. However, this protection should not encroach upon other rights, such as human rights, in particular the right to adequate food&semic thus, intellectual property should be in adequate balance with human rights. The intertwining of intellectual property rights and human rights takes place, inter alia, in the issue of new plant variety protection. New plant varieties can be legally protected by the current legal regime stipulated for the most part by the Trade Related Aspects of Intellectual Property Agreement together with the so-called UPOV Convention. Once protected, the exclusive rights over the use of a variety belong to a breeder, the inventor of the variety. From that moment on, any third party to use the variety should involve in various financial charges in favour of the exclusive rights owner. Many important species of plants provide humanity with food. The genetic sources of overwhelming majority of food plants are located in developing world. Rich agricultural and research companies, for the most part those of developed countries, that can afford extensive research in plant genetic engineering, take native plant species, modify them and protect by obtaining exclusive rights. Restrictive nature of plant variety protection implies, in the end, restriction to the access to food especially in developing countries, where local population is heavily dependant on traditional agriculture and local farmers are not able to carry the burden of royalties. Current international legislation grants very strong protection of intellectual property rights in plant varieties. Necessity is to strike adequate balance between intellectual property rights and human rights by lifting robustness of intellectual property over plant varieties for food and agriculture. (Less)
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author
Appazov, Artur
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law and Intellectual Property Rights
language
English
id
1555234
date added to LUP
2010-03-08 15:23:06
date last changed
2010-03-08 15:23:06
@misc{1555234,
  abstract     = {Being a very important part of property per se, intellectual property is performing the duty of securing social development by providing incentives for inventors to create and thus benefit society. It is of no doubt this property should be protected. However, this protection should not encroach upon other rights, such as human rights, in particular the right to adequate food&semic thus, intellectual property should be in adequate balance with human rights. The intertwining of intellectual property rights and human rights takes place, inter alia, in the issue of new plant variety protection. New plant varieties can be legally protected by the current legal regime stipulated for the most part by the Trade Related Aspects of Intellectual Property Agreement together with the so-called UPOV Convention. Once protected, the exclusive rights over the use of a variety belong to a breeder, the inventor of the variety. From that moment on, any third party to use the variety should involve in various financial charges in favour of the exclusive rights owner. Many important species of plants provide humanity with food. The genetic sources of overwhelming majority of food plants are located in developing world. Rich agricultural and research companies, for the most part those of developed countries, that can afford extensive research in plant genetic engineering, take native plant species, modify them and protect by obtaining exclusive rights. Restrictive nature of plant variety protection implies, in the end, restriction to the access to food especially in developing countries, where local population is heavily dependant on traditional agriculture and local farmers are not able to carry the burden of royalties. Current international legislation grants very strong protection of intellectual property rights in plant varieties. Necessity is to strike adequate balance between intellectual property rights and human rights by lifting robustness of intellectual property over plant varieties for food and agriculture.},
  author       = {Appazov, Artur},
  keyword      = {International Human Rights Law and Intellectual Property Rights},
  language     = {eng},
  note         = {Student Paper},
  title        = {New Plant Variety Protection, Plant Genetic Resources for Food and Agriculture, and Access to Adequate Food in Developing World's 'Melting Pot'},
  year         = {2008},
}