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Patenting Our Food Future: Intellectual Property Rights and the Global Food System
Author(s) -
Tansey Geoff
Publication year - 2002
Publication title -
social policy and administration
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.972
H-Index - 63
eISSN - 1467-9515
pISSN - 0144-5596
DOI - 10.1111/1467-9515.00305
Subject(s) - intellectual property , scrutiny , agriculture , international trade , trips architecture , trips agreement , business , food systems , process (computing) , economics , industrial organization , law and economics , food security , political science , law , engineering , computer science , ecology , transport engineering , biology , operating system
Intellectual Property Rights (IPRs) underpin the new knowledge economy and their ownership and control affects the distribution of wealth and power. This paper explores the changing international IPRs regime and its possible impact on the food system, in particular through their connection with biotechnology and marketing. It outlines how IPRs have been extended into agriculture globally through the Agreement on the Trade–Related Aspects of Intellectual Property Rights ( TRIPS) at the World Trade Organization ( WTO) and the other related international agreements. It identifies two problems. One is with the way the global rules are made—which is unbalanced with too few of the interested parties taking part in the process. The other is with whether the rules themselves are appropriate in food and agriculture. Their possible impact, especially patents, on increasingly proprietary, agricultural research and development is discussed as well as the possible effects on seed provision of the requirement for some form of IPRs protection to be available for plant varieties in all WTO members, sooner or later. Possible options for rethinking the rules to make them more appropriate for food and agriculture are discussed, as well as effects on market structure and the environment. Brief mention is made of other IPRs—trademarks, trade secrets and geographical indications—upon the way business in the food system is carried out. The paper concludes that this complex subject area is worthy of much more scrutiny because of the potential impact of these esoteric and complex rules.