THE ROLE OF TRADE AND THE WTO IN ENSURING FOOD SECURITYTrcaire Development Review 2010 LaunchFriday 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

WTOCreated in January 1995 after the Uruguay round of GATT talks (1986-93)

153 Member States representing 95% of world trade

Single Undertaking

The WTO AgreementThe 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 1991UPOV 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

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