Intellectual Property Rights for Agriculture in International Trade and Investment Agreements : A Plant Breeding Perspective

Abstract

The agricultural sector, and in particular plant breeding, is one area where this flexibility of intellectual property rights (IPR) is quite broad. This note argues that policymakers need to pay close attention to the role that IPRs can play in agricultural development by providing incentives for both domestic and foreign investments. The note explains the special nature of plant breeding that has given rise to unique forms of IPRs and reviews how this special nature is reflected in article 27(3) b of the TRIPS Agreement. The note also reviews how developing countries are choosing to meet their obligations. It highlights the concern that both bilateral and multilateral trade negotiations may exert pressure on countries to adopt IPR regimes that are more rigid than those required to support national agricultural development.