Under article 27-2 of the TRIPS agreement of the Member States that are excluded from patentability inventions, the prevention of exploitation necessary to avoid severe damage to the environment.
The effects of the use of genetic engineering in the field of plant and animal production considerable controversy in various countries around the impact of this use on the environment and food safety. Did not yield studies and experiments so far to reach firm conclusions denying the possible emergence of damage in the future due to the current use of genetic engineering. The developed countries take strict measures in connection with the use of genetic engineering to ensure the safety of the environment and food safety systems through bio-bio-safety.
It should be noted that nothing in the TRIPS Agreement obliges Member States to the protection of inventions related organisms only in respect of micro-organisms micro-organisms. Has expanded the developed countries led by the United States in the protection of inventions relating to genetic engineering, and the fear that this expansion solutions to varieties of animals and plants that are developed using genetic engineering replace original varieties, which threatens the survival of biodiversity and cause serious damage to the environment ([1]). We have raised some of patents granted in the United States controversy regard to its impact on the environment and food safety, such as a patent, which was granted in October 27, 1992 for an American company is a company Agracetus, Inc. On the development of varieties of cotton. Has focused protection established by this patent on all cotton varieties genetically processor and all genetically engineered cotton varieties, and the company's authorized owner of the patent monopoly thus all the plants and seeds of cotton genetically processor. The same applies for a patent granted by the European Patent Office European Patent Office for the company Agracetus for soybean processor and genetically, where the patent included all varieties of soybeans that are produced using bacteria ([2]).
([1]) to see more details on the impact of the TRIPS Agreement on agriculture in developing countries and damages that may be caused to the environment:
Carlien Brenner, Intellectual Property Rights and Technology Transfer in Developing Countries Agriculture: Rhetoric and Reality.
Publications Center Organization of International Cooperation and Development.
([2]) European patent (EP 0310749 B1).
التسميات
Intellectual property