]
]
]
]
Expert Submissions to the United Nations Special Rapporteur on the Right to Food, Olivier De Schutter
The Special Rapporteur on the right to food, Mr. Olivier De Schutter, sought to examine the impact of intellectual property rights on plant agricultural resources on innovation and research, on farming, and on the realization of the right to food.
His Report "Seed policies and the right to food: Enhancing agrobiodiversity, encouraging innovation" was presented to the United-Nations General Assembly in October 2009.
Intellectual property rights and the right to food are intimately entangled. All along the food chain, intellectual property rights might vest in vegetal resources (plants, plant varieties, genes), hence influencing the effectiveness of the right to food in many ways, from the research of new plant varieties and remedies, to the production sector (agriculture), and to the final supply of food.
The Special Rapporteur seeks to build his recommendations to the international community on the best scientific evidence available. He therefore has called upon the scientific community to contribute to the mandate, by providing submissions on certain dimensions of the links between intellectual property rights and the realization of the right to food. Under the coordination of the CRID, international experts in the field have been asked to draft a report on a specific topic. All the contributions of these experts, whose help was invaluable and whom the CRID thanks greatly, are made available here, in the form in which they were received.
The Legal Regime: the Protection of Agricultural Plants and Food by Intellectual Property Rights
Applicable Intellectual Property Rights
Agricultural Resources and the TRIPS Agreement
Caroline KER
Patent in Agricultural Biotechnology and the Right to Food
Geertrui VAN OVERWALLE
Biotechnology Patents Use and Right to Food
Bernard REMICHE and Vincent CASSIERS
Intellectual Property in Agriculture and Bilateral Agreements
Jean-Frédéric MORIN
The Restrictions and Limitations of Intellectual property Rights
Research Exemptions in Patent and Plant Variety Legislation
Hans MORTEN HAUGEN
Contractual and Technical Restrictions of Patent Limitations
Dan L. BURK
The Impact on the Food System
Michel TROMMETTER
Intellectual Property on Agricultural Resources, Food Prices and Innovation
Richard GOLD and David CASTLE
Intellectual Property of Agricultural Resources and Biodiversity
Nicolas BRAHY
Possible Futures
Compulsory licensing and Food Security
Michael BLAKENEY
Article 15(1) of the International Covenant on Economic, Social and Cultural Rights
Philippe CULLET
Plant Variety Protection: The Alternative Sui Generis Regime as Defended by the African Group
Myriam SANOU
Right to Food and Intellectual Property Rights: Farmers’Rights
S.K. VERMA
The TRIPs Flexibility Mechanism and the Right to Food
S.K. VERMA
Improving the Protection of Traditional Knowledge
Graham DUTFIELD
Plant Genetic Resources as Commons: the Model of FAO’s International Treaty
Maria IGLESIAS
Michael BLAKENEY
