Table Of ContentThe InTellecTual ProPerTy
and Food ProjecT
This page has been left blank intentionally
The Intellectual Property
and Food Project
From rewarding Innovation and creation
to Feeding the World
Edited by
charles laWson and jay sanderson
Griffith Law School, Australia
First published 2013 by Ashgate Publishing
Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA
Routledge is an imprint of the Taylor & Francis Group, an informa business
Copyright © 2013 charles lawson, jay sanderson and the contributors
All rights reserved. No part of this book may be reprinted or reproduced or utilised in
any form or by any electronic, mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
charles lawson and jay sanderson have asserted their right under the copyright, designs
and Patents Act, 1988, to be identified as the editors of this work.
Notice:
Product or corporate names may be trademarks or registered trademarks,
and are used only for identification and explanation without intent to
infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
The Library of Congress has cataloged the printed edition as follows:
The intellectual property and food project : from rewarding innovation and creation to
feeding the world / By charles lawson and jay sanderson.
p.cm.
Includes bibliographical references and index.
ISBN 978-1-409-46956-8 (hardback)—ISBN 978-1-315-55668-0 (ebook)—
ISBN 978-1-317-02736-2 (epub) 1. Plants, Cultivated—Patents. 2. Biotechnology—
Patents. I. Lawson, Charles, editor of compilation. II. Sanderson, Jay (Law teacher) editor
of compilation.
K3876.I577 2013
346.04’86—dc23
2013020863
ISBN 9781409469568 (hbk)
ISBN 9781315556680 (ebk)
Contents
List of Tables, Figures and Boxes vii
Notes on Contributors ix
Acknowledgements xi
Abbreviations xiii
1 The IP and Food Project 1
Jay Sanderson and Charles Lawson
Part I: ObservatIOns frOm the LabOratOry
2 Implications of Advances in Molecular Genetic Technology for
Food Security and Ownership 11
Robert J. Henry
Part II: PubLIc research and PLant GermPLasm:
InteLLectuaL PrOPerty and fOOd securIty
3 Reconceptualizing Intellectual Property to Promote Food Security 23
Brad Sherman
4 Intellectual Property Norm Setting in ex situ Plant Germplasm
Access and Benefit Sharing Arrangements 39
Charles Lawson
5 Open Access Seeds and Breeds: The Role of the Commons
in Protecting Farmers’ and Livestock Keepers’ Rights and
Food Security 75
Brendan Tobin
Part III: sOcIaL, ecOnOmIc and POLItIcaL asPects Of
fOOd and InteLLectuaL PrOPerty
6 Why Didn’t an Equivalent to the US Plant Patent Act of 1930
Emerge in Britain? Historicizing the Boundaries of
Un-Patentable Innovation 103
Berris Charnley
vi The Intellectual Property and Food Project
7 Changing the Recipe: Food Security and Other Socio-Economic
Considerations in Agricultural Biotechnology Regulation 123
Karinne Ludlow
Part Iv: InteLLectuaL PrOPerty, fOOd and PractIce
8 Can Intellectual Property Help Feed the World? Intellectual Property,
the PLUMPYFIELD® Network and a Sociological Imagination 145
Jay Sanderson
9 Geographical Indications and Agricultural Community Development:
Is the European Model Appropriate for Developing Countries? 175
Graham Dutfield
10 Patent-Busting: The Public Patent Foundation, Gene Patents and
the Seed Wars 201
Matthew Rimmer
Index 251
List of Tables, Figures and Boxes
Tables
8.1 PlumpyField Members 153
8.2 Parties to Nutriset’s Patents Usage Agreement 155
Figures
8.1 Plumpy’Nut 157
8.2 Plumpy’Doz 157
Boxes
9.1 PDOs and PGIs in Europe: Some (possibly anomalous) examples 181
9.2 India’s Geographical Indications legislation 185
This page has been left blank intentionally
Notes on Contributors
Berris Charnley is a Research Fellow with the Australian Centre for Intellectual
Property in Agriculture at Griffith University. He helped establish the IPBio
Network as an international collection of scholars with a shared research interest
in the history of IP in the biosciences and its relevance to current policy. Berris
researches the history and philosophy of science (and in particular biology, plant
breeding, genetics and genomics), the history and theory of IP, and the history of
food science.
Graham Dutfield is the Professor of International Governance at the University
of Leeds. He is also a Research Affiliate of the Intellectual Property Law and
Technology Program at Osgoode Hall Law School, York University, Toronto,
an Adjunct Professor at the Center for Studies of Intellectual Property Rights at
Zhongnan University of Economics and Law, Wuhan, China, a member of the
IPBio Network and a member of the Scientific Advisory Board of the Canadian
synthetic biology project PhytoMetaSyn. Graham researches IP across several
disciplines, including law, history, politics, economics and anthropology.
Robert J. Henry is a Professor at the University of Queensland and the director
of the Queensland Alliance for Agriculture and Food Innovation. He has been
involved with the Grains Research and Development Corporation, Sugar Research
and Development Corporation and Rural Industries Research and Development
Corporation committees, and was a member of the Australian Plant Breeders’
Rights Advisory Committee. Robert researches improved food and energy security
by applying biochemical and molecular tools to the development of improved
crop varieties, analysing domesticated crops, wild relatives of crop species and
potential new crop species.
Charles Lawson is an Associate Professor at Griffith University and a member of
the Australian Centre for Intellectual Property in Agriculture. Charles researches
IP, competition, trade, access and benefit-sharing, and public administration.
Karinne Ludlow is a Senior Lecturer at Monash University. Karinne recently
co-authored a report for the United Nations Food and Agriculture Organisation on
nanotechnology and food – Nanotechnology Applications in Food and Agriculture
Sectors: Principles and Guidance for Food Safety Regulation. Karinne researches
interdisciplinary problems of science and technology and the law, with particular
emphasis on biotechnology and nanotechnology.
