ICTSD Outputs and Activities on Biotechnology, Trade and Sustainble Development

Biotechnology: Addressing Key Trade and Sustainability Issues

B.4 Intellectual property rights

Intellectual property rights are one of the primary tools used to promote research and development in agricultural biotechnology. The application of intellectual property rights to agriculture, however, has long been contentious. Traditionally, inventiveness in the sector was based on the sharing of genetic resources and related knowledge. In this context, exceptions to intellectual property protection, allowing farmers to freely use, exchange and sell seeds they grow and providing breeders the scope for research and breeding, are critical. It has been argued that intellectual property protection of biotechnology products is essential to stimulate research and to allow recovery of the investment capital. As international rules increasingly raise the level of intellectual property protection, however, there is rising concern about the potential negative impacts on the dissemination of knowledge and important products, further research and development, food security, and the conservation of biodiversity, among other fundamental areas of public policy. This section will examine the relevance of intellectual property rules to agricultural biotechnology and discuss some of the concerns raised by increasing levels of intellectual property protection.

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