To Sow or Not to Sow: Dilemmas in Creating New Rights in Food

Authors

Srividhya Ragavan, Texas A&M University School of LawFollow

Document Type

Book Section

Publication Date

1-2007

ISBN

9781845932015

DOI

10.1079/9781845932015.0320

Abstract

This chapter discusses possible ways to maximize the benefits that developing countries can gain from plant variety protection (PVP). In setting forth its argument, the chapter examines plant breeders' rights (PBRs) in developing countries in light of TRIPS and the International Union for the Protection of New Varieties of Plants (UPOV). It is argued that even if PBRs fulfil promised expectations, they can neither benefit the developing nations nor reduce distortions in international trade in goods as long as agricultural subsidies foreclose the markets for the developing country produce. The chapter concludes with three suggestions for developing countries to maximize their benefits from PVP: (1) agricultural liberalization should precede the introduction of PVP; (ii) an exception in public interest should be defined; and (iii) adopting a differential monopoly term depending on the economic development of the country should be considered.

First Page

320

Last Page

346

Num Pages

27

Publisher

CAB International

Editor

Jay Kesan

Book Title

Agricultural Biotechnology and Intellectual Property: Seeds of Change

Recommended Citation

Srividhya Ragavan, To Sow or Not to Sow: Dilemmas in Creating New Rights in Food, in Agricultural Biotechnology and Intellectual Property: Seeds of Change 320 (Jay Kesan eds., 2007).
Available at: https://scholarship.law.tamu.edu/facscholar/1058