Why compulsory licensing of genetically modified food will not be a possible way of fighting world hunger
(2007)Department of Law
- Abstract
- Over 800 million people in the developing world are affected by chronic hunger today. Hunger reduction is necessary for accelerating development and poverty reduction. It has been argued that genetically modified food (GM food) could be the solution to the third world hunger problem. Scientific progress in modern biotechnology has resulted in new medical treatments and vaccines. Biotechnology in the field of agriculture might lead to increased food security, decreased pressure of land use, sustainable harvest in unfavourable environments and reduced use of water and agrochemicals in agriculture. GM crops are, however, results of research and development in the developed world, inaccessible in the developing countries. This thesis examines... (More)
- Over 800 million people in the developing world are affected by chronic hunger today. Hunger reduction is necessary for accelerating development and poverty reduction. It has been argued that genetically modified food (GM food) could be the solution to the third world hunger problem. Scientific progress in modern biotechnology has resulted in new medical treatments and vaccines. Biotechnology in the field of agriculture might lead to increased food security, decreased pressure of land use, sustainable harvest in unfavourable environments and reduced use of water and agrochemicals in agriculture. GM crops are, however, results of research and development in the developed world, inaccessible in the developing countries. This thesis examines the possibility to apply the same legal tools for GM food, as are designed for the compulsory licensing of pharmaceuticals that fight the AIDS crisis. An analysis is also made concerning the appropriateness of biotechnologies in the developing world. The IPRs available concerning GM food are either patents or plant variety protection. Plant varieties are excluded from patentability, as well as the essentially biological processes for the production of plants. The objective of plant variety protection is to stimulate the development of new plant varieties by ensuring the plant breeders a certain economic benefit of the breeding. The scope of protection is fairly similar in both systems, although the breeder's rights exception is broader in the case of plant variety protection. Compulsory licences of GM food are allowed by the TRIPS Agreement (with clarifications made in the Doha Declaration) and may give access to a patented material for research and breeding, on grounds related to public interest, national emergency or protection of the environment. If a compulsory licence agreement is issued, adequate remuneration must still be paid to the patent holder. Few compulsory licences have been issued for essential AIDS medicines, to this date, implying that very few, if any, compulsory licences on GM food will be granted in the foreseeable future. One reason is that the Doha Declaration was designated to combat health problems due to epidemics, by facilitating the access to medicines. Concerning supplying the developing world with GM food, the question is not access per se, but a choice between GM and non-GM food. There is no justification for choosing GM food, at this moment. Biotechnology may in the future, under the right circumstances, adapted to local conditions that favour small-scale farmers, increase farm income and lower food prices. Trade may contribute to hunger reduction and poverty alleviation, but market infrastructure, domestic institutions and policy reforms and safety nets are required to ensure the benefits. Public investments in, for example in domestic agricultural research and education, are essential for agricultural growth and sustainable development. (Less)
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http://lup.lub.lu.se/student-papers/record/1555509
- author
- Agering, Ida
- supervisor
- organization
- year
- 2007
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Immaterialrätt
- language
- English
- id
- 1555509
- date added to LUP
- 2010-03-08 15:55:15
- date last changed
- 2010-03-08 15:55:15
@misc{1555509,
abstract = {{Over 800 million people in the developing world are affected by chronic hunger today. Hunger reduction is necessary for accelerating development and poverty reduction. It has been argued that genetically modified food (GM food) could be the solution to the third world hunger problem. Scientific progress in modern biotechnology has resulted in new medical treatments and vaccines. Biotechnology in the field of agriculture might lead to increased food security, decreased pressure of land use, sustainable harvest in unfavourable environments and reduced use of water and agrochemicals in agriculture. GM crops are, however, results of research and development in the developed world, inaccessible in the developing countries. This thesis examines the possibility to apply the same legal tools for GM food, as are designed for the compulsory licensing of pharmaceuticals that fight the AIDS crisis. An analysis is also made concerning the appropriateness of biotechnologies in the developing world. The IPRs available concerning GM food are either patents or plant variety protection. Plant varieties are excluded from patentability, as well as the essentially biological processes for the production of plants. The objective of plant variety protection is to stimulate the development of new plant varieties by ensuring the plant breeders a certain economic benefit of the breeding. The scope of protection is fairly similar in both systems, although the breeder's rights exception is broader in the case of plant variety protection. Compulsory licences of GM food are allowed by the TRIPS Agreement (with clarifications made in the Doha Declaration) and may give access to a patented material for research and breeding, on grounds related to public interest, national emergency or protection of the environment. If a compulsory licence agreement is issued, adequate remuneration must still be paid to the patent holder. Few compulsory licences have been issued for essential AIDS medicines, to this date, implying that very few, if any, compulsory licences on GM food will be granted in the foreseeable future. One reason is that the Doha Declaration was designated to combat health problems due to epidemics, by facilitating the access to medicines. Concerning supplying the developing world with GM food, the question is not access per se, but a choice between GM and non-GM food. There is no justification for choosing GM food, at this moment. Biotechnology may in the future, under the right circumstances, adapted to local conditions that favour small-scale farmers, increase farm income and lower food prices. Trade may contribute to hunger reduction and poverty alleviation, but market infrastructure, domestic institutions and policy reforms and safety nets are required to ensure the benefits. Public investments in, for example in domestic agricultural research and education, are essential for agricultural growth and sustainable development.}},
author = {{Agering, Ida}},
language = {{eng}},
note = {{Student Paper}},
title = {{Why compulsory licensing of genetically modified food will not be a possible way of fighting world hunger}},
year = {{2007}},
}