Karine E. Peschard - Seed Activism: Patent Politics and Litigation in the Global South
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Over the past decade, legal challenges have arisen in the Global South over patents on genetically modified crops. In this ethnographic study, Karine E. Peschard explores the effects of these disputes on peoples lives, while uncovering the role of powermaterial, institutional, and discursivein shaping laws and legal systems. The expansion of corporate intellectual property (IP), she shows, negatively impacts farmers rights and, by extension, the right to food, since small farms produce the bulk of food for domestic consumption. Peschard sees emerging a new legal common sense concerning the patentability of plant-related inventions, as well as a balance among IP, farmers rights, and the public interest.
Peschard examines the strengthening of IP regimes for plant varieties, the consolidation of the global biotech industry, the erosion of agrobiodiversity, and farmers dispossession. She shows how litigants question the legality of patents and private IP systems implemented by Monsanto for royalties on three genetically modified crop varieties, Roundup Ready soybean in Brazil and Bt cotton and Bt eggplant in India. Peschard argues that these private IP systems have rendered moot domestic legislation on plant variety protection and farmers rights. This unprecedented level of corporate concentration in such a vital sector raises concerns over the erosion of agricultural biodiversity, farmers rights and livelihoods, food security, and, ultimately, the merits of extending IP rights to higher life forms such as plants.
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Food, Health, and the Environment
Series Editors: Robert Gottlieb, Henry R. Luce Professor of Urban and Environmental Policy, Occidental College; Nevin Cohen, Associate Professor, City University of New York (CUNY) Graduate School of Public Health
A complete list of books published in the Food, Health, and the Environment series appears in the of this book.
SEED ACTIVISM
PATENT POLITICS AND LITIGATION IN THE GLOBAL SOUTH
KARINE E. PESCHARD
THE MIT PRESSCAMBRIDGE, MASSACHUSETTSLONDON, ENGLAND
2022 Karine E. Peschard
This work is subject to a Creative Commons CC-BY-ND-NC license. Subject to such license, all rights are reserved.
The MIT Press would like to thank the anonymous peer reviewers who provided comments on drafts of this book. The generous work of academic experts is essential for establishing the authority and quality of our publications. We acknowledge with gratitude the contributions of these otherwise uncredited readers.
Published with the support of the Swiss National Science Foundation.
The prepress of this publication was funded by the Swiss National Science Foundation.
Library of Congress Cataloging-in-Publication Data is available.
ISBN: 9780262544641 (paperback); 9780262372220 (pdf); 9780262372237 (epub)
d_r0
To my parents
And to all those who keep sowing seeds,
year after year and despite the difficulties.
The relentless march of intellectual property rights needs to be stopped and questioned.
United Nations Human Development Report (1999)
ABRASEM | Associao Brasileira de Sementes e Mudas (Brazilian Seed Producers Association) |
|---|---|
ABSP | Agricultural Biotechnology Support Project |
Ao Direta de Inconstitucionalidade (Direct Action of Unconstitutionality) | |
APASSUL | Associao dos Produtores e Comerciantes de Sementes e Mudas do Rio Grande do Sul (Seed Association of Rio Grande do Sul) |
APROSOJA | Associao de Produtores de Soja (Soybean Producers Association) |
APROSOJA-MT | Associao de Produtores de Soja e Milho do Estado de Mato Grosso (Soybean Producers Association of Mato Grosso) |
APROSOJA-RS | Associao dos Produtores de Soja do Estado do Rio Grande do Sul (Soybean Producers Association of Rio Grande do Sul) |
Bharatiya Janata Party (Indian Peoples Party) | |
Bharatiya Kisan Sangh (Indian Farmers Union) | |
BRASPOV | Associao Brasileira de Obtentores Vegetais (Brazilian Plant Breeders Association) |
Bacillus thuringensis | |
Convention on Biological Diversity | |
Competition Commission of India | |
Confederao Nacional da Agricultura e Pecuria do Brasil (National Agricultural Confederation) | |
Comisso Pastoral da Terra (Pastoral Land Commission) | |
Cotton Seeds Price (Control) Order | |
CTNBio | Comisso Tcnica Nacional em Biossegurana (National Technical Commission on Biosafety) |
EMBRAPA | Empresa Brasileira de Pesquisa Agropecuria (Brazilian Agricultural Research Corporation) |
Environment Support Group | |
FAMATO | Federao da Agricultura e Pecuria do Estado de Mato Grosso (Federation of Agriculture and Livestock of Mato Grosso) |
Food and Agriculture Organization | |
FARSUL | Federao da Agricultura do Estado do Rio Grande do Sul (Agricultural Federation of the State of Rio Grande do Sul) |
FETAG-RS | Federao dos Trabalhadores na Agricultura do Rio Grande do Sul (Federation of Agricultural Workers of Rio Grande do Sul) |
GATT | General Agreement on Tariffs and Trade |
GEAC | Genetic Engineering Approval Committee (renamed Genetic Engineering Appraisal Committee in 2010) |
GMOs | Genetically modified organisms |
Government of India | |
ICAR | Indian Council of Agricultural Research |
INPI | Instituto Nacional da Propriedade Industrial (National Institute of Industrial Property) |
Indian rupee | |
ISAAA | International Service for the Acquisition of Agri-Biotech Applications |
ITPGRFA | International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty) |
Karnataka Biodiversity Board | |
Knowledge Initiative on Agriculture | |
MoEF | Ministry of Environment and Forests |
Mahyco Monsanto Biotech Limited | |
National Biodiversity Authority | |
NSAI | National Seed Association of India |
PPVFR Act | Protection of Plant Varieties and Farmers Rights Act |
Plant variety protection | |
Roundup Ready | |
Rashtriya Swayamsevak Sangh (National Volunteer Organization) | |
Supremo Tribunal Federal (Federal Supreme Court) | |
Supremo Tribunal de Justia (Superior Court of Justice) | |
TNAU | Tamil Nadu Agricultural University |
TRIPS | Trade-Related Aspects of Intellectual Property Rights |
University of Agricultural Sciences | |
UPOV | Union Internationale pour la Protection des Obtentions Vgtales (International Union for the Protection of New Varieties of Plants) |
USAID | US Agency for International Development |
World Trade Organization |
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