Silent Killer Film - The Unfinished Campaign Against Hunger

Silent Killer - The Unfinished Campaign Against Hunger

Home·Hunger in Depth·Film in Depth·Intellectual Property Rights

One problem that has arisen with the growth of genetic engineering is a growing conflict over Intellectual Property Rights (IPR). Prior to 1980, patenting of life forms was not legal in the US. So-called "plant breeders' rights" allowed for companies to charge royalties for plant cultivars that they developed through breeding programs. However, farmers could re-plant the seeds, and anyone could use the new cultivars for further research and breeding, without paying royalties for the original cultivars. These laws were a compromise that allowed breeders to protect and earn from their own work but also to make it possible for further research and development of crops to proceed unhindered by patent law.

Today, however, it is legal to patent genes and methods used in genetic engineering and to require anyone who wishes to use a plant containing the patented gene or a plant created by using a genetic engineering technique (such as the "gene gun") to pay royalties for underlying IPR. This can hinder the development of new crop varieties, whether they are created using genetic engineering or conventional breeding techniques.

For example, when scientists were developing "Golden Rice," a genetically-engineered variety that contains Vitamin A and might help reduce blindness in poor nations, they found that there were as many as 70 underlying patents that they might need to pay royalties for if they wished to get Golden Rice on the market. While the companies holding these patents agreed to allow Golden Rice to be sold in developing countries royalty free, many scientists are afraid to commence with breeding projects knowing that they might not get permission to market the resulting varieties or even provide them freely to the hungry.

Conventional breeders are also hindered if they do their breeding using plants that contain patented genes. In SILENT KILLER, Shawn Sullivan, legal director for the International Corn and Wheat Improvement Center (CIMMYT) in Mexico City, expresses his concern that IPR restrictions are making important breeding work more difficult. CIMMYT now must devote a large share of its small budget to legal work, while remarkably only a few years ago it had no lawyer at all.

What can be done to make sure that IPR does not prevent the advance of science or hinder the production of new crop varieties that can help end hunger? Some suggest public/private partnerships that provide royalty-free or subsidized access to patented genes and technologies. Others believe legal action is necessary to limit the patenting of life and assure access to breeding materials.

You can see video clips and read related interviews with John Barton, law professon and IPR specialist, and Shawn Sullivan, CIMMYT chief legal officer, on this Web Site. Other information about Intellectual Property Rights can be found at:

WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)
WIPO is the UN organization dedicated to promoting the use and protection of intellectual property. This site provides extensive information on the issues related to intellectual property rights, WIPO activities and services, as well as links and resources.
www.wipo.int/
WORLD TRADE ORGANIZATION (WTO)
This section of the WTO is dedicated to providing information and resources about TRIPS (trade-related aspects of intellectual property rights) trade agreements.
www.wto.org/english/tratop_e/trips_e/trips_e.htm
THE INTERNATIONAL UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS (UPOV)
The UPOV Convention provides a sui generis form of intellectual property protection which has been specifically adapted for the process of plant breeding and has been developed with the aim of encouraging breeders to develop new varieties of plants.
www.upov.int/
BIOTECHNOLOGY INDUSTRY ORGANIZATION (BIO)
BIO, a biotechnology information, advocacy and business support organization, supports intellectual property protection.
www.bio.org/ip/
UNITED STATES PATENT AND TRADEMARK OFFICE
This is the official website of the US Patent and Trademark Office.
www.uspto.gov/
INTELLECTUAL PROPERTY WATCH
Intellectual Property Watch, a non-profit independent news service, reports on the interests and behind-the-scenes dynamics that influence the design and implementation of international intellectual property policies.
www.ip-watch.org/

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