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Biotechnology: Addressing Key Trade and Sustainability Issues

Modern biotechnology offers promising advances in many fields, including agriculture, health and industrial applications. On the other hand, the rise of the technology has brought with it vocal and passionate opponents who highlight environmental, health, ethical and equity concerns. In responding to these opposing viewpoints, governments have taken a variety of different policy and regulatory approaches which international trade is increasingly bringing into conflict. At the same time, many countries, in particular less developed nations, continue to struggle with setting up the necessary policy, legal and institutional frameworks while facing trade pressures from biotech exporters, export markets’ import regulations and the need to comply with multilateral rules on trade and biosafety. This publication aims to shed some light on key issues related to biotechnology, trade and sustainable development by providing a balanced overview that is accessible to a wide range of actors in the trade and biotechnology communities. It is intended to be a tool to enable the different stakeholders to identify and articulate their priorities related to biotechnology, and balance these objectives against the various trade interests and obligations. We hope that the document will help stimulate an informed debate that can go beyond entrenched and polarised positions towards a constructive exchange to support effective policy- and rule-making in this area.

Biotechnology: Addressing Key Trade and Sustainability Issues (pdf version, 1.3 MB)

Foreword (pdf version)

Notes to Readers (pdf version)

PART A: AN INTRODUCTION TO BIOTECHNOLOGY (pdf version)

A.1 What is biotechnology?

A.2 Terminology

A.3 Types of biotechnology

References and further reading

PART B: KEY ISSUES AND QUESTIONS

B.1 Environmental, health-related and socio-economic considerations (pdf version)

Q1 Are GMOs harmful to human health?
Q2 Are GMOs harmful to the environment?
Q3 Can genetically modified, conventional and organic crops be grown in one country?
Q4 Can agricultural biotechnology contribute to food security, poverty alleviation and rural development in developing countries?
Q5 What are the benefits of biotech products to consumers?
Q6 Should biotech products be subject to different rules than other technologies?
Q7 What has been the role of the private and public sectors in biotechnology research?

References and further reading

B.2 Multilateral Trade Rules (pdf version)

Q8 What WTO agreements apply to trade in biotechnology products?
Q9 What issues are raised by the application of WTO rules in biotechnology?
Q10 What is the EC-Biotech case about?
Q11 How should biotech regulations be notified?
Q12 Are mandatory traceability and labelling requirements unnecessarily trade-restrictive?
Q13 Are genetically modified and non-modified products ‘like products’?
Q14 What is the role of international standard-setting bodies?

References and further reading

B.3 Cartagena Protocol on Biosafety (pdf version)

Q15 Are living modified organisms different to genetically modified organisms?
Q16 Is the Cartagena Protocol on Biosafety compatible with WTO rules?
Q17 How does the role of precaution differ under the Cartagena Biosafety Protocol and the SPS Agreement?
Q18 In case of conflict, would WTO rules override the Cartagena Protocol on Biosafety?
Q19 Does the Biosafety Protocol adequately address the particular concerns of developing countries?

References and further reading

B.4 Intellectual property rights (pdf version)

Q20 What intellectual property rights apply to agricultural biotechnology?
Q21 Which biotech products are patentable?
Q22 Is the identification or isolation of genes an invention?
Q23 Are countries allowed to exclude life forms from being patented?
Q24 Are scientists allowed to use patented GM seeds for research purposes?
Q25 Are farmers allowed to save, re-use and re-sell GM seeds?
Q26 Is a strong intellectual property regime necessary to stimulate research and development in biotechnology?
Q27 How does intellectual property protection for biotech products impact biodiversity conservation?
Q28 How does intellectual property protection for biotech products impact food security?

References and further reading

B.5 Implications for market access and competitiveness (pdf version)

Q29 How could agricultural biotechnology impact competitiveness?
Q30 What are the requirements for exports of biotech products to the US and EU markets?
Q31 Will the cost of labelling and traceability requirements make GM products more expensive?
Q32 How might the approach to agricultural biotechnology in one country impact the policy- and decision-making in another?

References and further reading

PART C: INTERNATIONAL LEGAL FRAMEWORKS (pdf version)

C.1 World Trade Organization (WTO)

C.2 International Union for the Protection of New Varieties of Plants (UPOV)
C.3 International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)
C.4 Convention on Biological Diversity (CBD)
C.5 Cartagena Protocol on Biosafety
C.6 Standards of the Codex Alimentarius Commission
C.7 International Plant Protection Convention (IPPC)
C.8 Standards of the World Organisation for Animal Health (OIE)

GLOSSARY (pdf version)

Acronyms (pdf version)

Acknowledgements (pdf version)

Boxes and tables

Box 1: Primary terms for biotechnology used in different organisations/countries (pdf version)

Table 1: An agricultural technology timeline (pdf version)
Table 2: Overview of international legal frameworks relevant to biotechnology (pdf version)

Biotech Headline 1: Pusztai's Rats (pdf version)
Biotech Headline 2: Mexican Maize (pdf version)
Biotech Headline 3: Monarch Butterflies (pdf version)
Biotech Headline 4: UK Farm Scale Evaluations (pdf version)
Biotech Headline 5: Starlink (pdf version)
Biotech Headline 6: Schmeiser vs. Monsanto (pdf version)
Biotech Headline 7: Bt Cotton (pdf version)
Biotech Headline 8: Golden Rice (pdf version)