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图片名称: National seed legislation adapted to rural agriculture is needed to preserve local farmers’ breeding systems. This photo shows a female farmer sitting in front of a seed bank in India’s Kolli Hills. Photo J. Cherfas/Bioversity International
出版时间: 2011年01月

The role of intellectual property rights in agriculture

Decsions with respect to intellectual property rights at an international level are negotiated by the World Intellectual Property Organisation(WIPO),such as at this high level confererence of representatives of the least developed countries(LDCs)in 2008. Photo:Mercedes Martínez/WIPO

In 2002,the UK company Plant Bioscience patented a procedure through the European Patent Office for the identification of broccoli plants that have an increased glucosinolate content. That patent,however,encompassed not only the use of special marker genes to breed broccoli,but also the vegetable plants and the broccoli seed obtained by means of this process. The seed and biotech firms Limagrain and Syngenta have filed oppositions to the patent. Interestingly,Syngenta supports the wide-ranging patenting of breeding processes,and its purpose in bringing the case to court is presumably not to have it revoked,but in fact confirmed. Farmers’ groups and development organisations,in contrast,stand in opposition to such undermining of patent law.

Similarly far-reaching patents have been applied for in the field of animal breeding. In April 2009,farmers’ groups and development organisations protested against the “pig patents” applied for by the Monsanto company. This involves a gene test that can be used to identify pigs that grow and put on flesh particularly quickly. Monsanto further applied that the animals selected by means of this method be patented. Following public protests and a critical assessment by the patent office,Monsanto withdrew these wide-ranging claims and the patent was approved. In the same month,several objections were lodged,referring to the still unclear effects of the patent upon the free availability of the animals and the no