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 ( ) 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 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