THE ROLE OF TRADE AND THE WTO IN
ENSURING FOOD SECURITY
Trócaire Development Review 2010 Launch
Friday November 12th 2010
Food security defined:
• ‘Food security is a situation that exists when all
people, at all times, have physical, social and
economic access to sufficient, safe and nutritious
food that meets their dietary needs and food
preferences for an active and healthy life’ – UN
Food and Agricultural Organisation (FAO) The
State of Food Insecurity in the World 2001,
namely:
BIOTECHNOLOGY
Biological & Legal response
Plant Genetic Resources: important inputs / raw materials
Higher yields/new varieties of seeds
private property rights in plant genetic resources
agriculture has evolved into an industrial activity highly
dependent on R&D and intellectual property rights protection
for its continued growth and development
WTO
• Created in January 1995 after the Uruguay round of GATT
talks (1986-93)
• 153 Member States representing 95% of world trade
• Single Undertaking
The WTO Agreement
• The three most important substantive agreements deal with:
• Trade in goods (GATT),
• Trade in services (General Agreement on Trade in Services,
GATS) and
• Intellectual property (Trade-Related Aspects of Intellectual
Property Rights, TRIPS).
Intellectual property rights:
THE TRIPS AGREEMENT
• TRIPs=Trade-Related Aspects of Intellectual Property Rights
Agreement
• Intellectual property has become one of most important
regulatory facets of global economy
Article 27.3( b) of TRIPS
• WTO Members:
• shall provide for the protection of plant varieties
either by patents or by an effective sui generis
system or by any combination thereof
• Effective “sui generis” system : UPOV
UPOV CONVENTION
primarily to encourage the development of new varieties of
plants.
institutionalised, commercialised breeders of new plant varieties
developing countries to have more access to new and improved
varieties instead of depending on old varieties or landraces
UPOV 1991
UPOV 1991) requires members to grant a minimum of 20-year
exclusive rights to plant breeders.
Provision relating to “Farmers’ Privilege” deleted,
Rights of farmers to retain and use protected seeds left at the
discretion of national governments.
DUS criteria: Distinct, Uniform & Stable
OUTCOMES
Growth of private agricultural research
consolidation of the market by a small number of large firms
extreme concentration in a few crops,
more mergers and acquisitions
increase in seed prices
marginal, at best, productivity gains
Bio-prospecting (‘Bio-piracy’)
India and TRIPs
• To conform with Article 27.3 (b) of TRIPs, India instigated sui
generis provisions to protect the rights of plant breeders and
farmers in 2001.
• The Indian Plant Variety and Farmers’ Rights Act in conflict
with UPOV
• Were TRIPs amendments to incorporate Convention on
Biodiversity (CBD) provisions requiring member states to:
•
disclose the source and country of origin of biological
resources and traditional knowledge,
• to provide evidence of prior informed consent and benefit
sharing as a condition of obtaining access to the resources.
Article 29 bis
• Disclosure Group (8 WTO Members)
• Would require patent and plant breeder
applicants to disclose the country of origin of plant
genetic resources used in their inventions
• Show evidence of prior informed consent of the
country from where such resources are
appropriated