TRIPs and food security: Implications of the WTO's TRIPS agreement for food security in the developing world (Pre-published version)

Abstract

This paper serves as a short introductory overview of the World Trade Organisation’s Trade Related Aspects of Intellectual Property Rights Agreement and the extent to which it impinges on food security in the developing world. Looks at the motivation for the TRIPs Agreement, the transformation in agriculture wrought by the “gene revolution” and the consequent rush to patents. The potential impact of the Agreement, namely Article 27.3(b) on the developing world, is then assessed. Claims that a consolidation of the seed industry has led to certain firms enjoying monopoly privileges, whch is at variance with the WTO’s aspiration of greater liberalization of trade. However, the greatest danger to food security in developing countries may come from the implementation of the UPOV Convention, which has been used by powerful states as a means to ensure the compliance of developing countries with the provisions of the TRIPs Agreement.