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1 Preface Treaties Relating to Food and Protection of Biotechnology p. 1 Introduction p. 3 General Outline p. 3 Structure of the Study p. 9 Delimitations p. 10 Food, Biotechnology and Intellectual Property p. 13 Food p. 13 Food in a Human Rights Context p. 15 Increased Emphasis on Access to Food p. 18 Biotechnology p. 19 Three Phases of Biotechnology p. 19 Different Actors in Biotechnology and their Attitude towards Intellectual Property Protection p. xi p. 21 Traditional Breeders and Modern Breeders p. 24 Strong Disagreements Regarding New Biotechnology p. 26 The Expansion of the Intellectual Property Protection System p. 27 A General Outline of Patent and Plant Variety Protection p. 28 Intellectual Property Protection in Various Phases p. 32 Metaperspectives on Patent and Plant Variety Rights p. 35 Justifications for Intellectual Property Protection p. 39 Alternatives to Patent and Plant Variety Protection on Plant Genetic Resources for Food and Agriculture: Protection through Biological or Technical Means p. 45 Methodology: Principles and Sources under International Law p. 51 Interpreting Treaties p. 51 International Law in Interpretative Material p. 51 Interpretation and Application of Treaties p. 52 Interpreting the Terms in Light of a Treaty's Object and Purpose p. 57 Principles for Identifying Balance between Treaties p. 60 Interpretative Material under Human Rights Conventions p. 63 In General Concerning the UN Human Rights Instruments p. 63 The Relevant Interpretative Material from the UN Human Rigts Instruments p. 64 Interpretative Material under the WTO p. 73 In General Concerning the WTO p. 73 The Relevant WTO Interpretative Material p. 74 Interpretative Material under the UPOV Convention p. 84 In General Concerning UPOV p. 84 The Relevant UPOV Interpretative Material p. 85 Relevant Provisions from the International Covenant on Economic, Social and Cultural Rights Specifying the Nature of the Obligations and the Approach for Understanding Economic, Social and Cultural Human Rights p. 87 p. 89
2 General Obligations of the Covenant p. 89 Article 2.1 p. 89 Articles 2.2 and 3 p. 100 Basic Approaches for Understanding the Rights and Obligations of the Covenant p. 102 Rights and Corresponding Obligations p. 103 Arguments Concerning the Nature of the Rights in the Covenant p. 104 Interpretation and Implementation of Economic, Social and Cultural Rights: 'Progressive Realization' and 'Violations' The Right to Food as Recognized in the International Covenant on Economic, Social and Cultural Rights p. 108 p. 115 The Origins and the Content of the Right to Food p. 116 Emerging Recognition of the Right to Food p. 116 Introduction to the Analysis of Article 11 p. 118 Article 11.1 p. 119 Article 11.2 p. 125 Article 11.2(a) p. 130 Clarifying Relevant Relationships p. 142 The Relationship between Improved Methods of Food Production and Improved Methods of p. 142 Food Distribution The Relationship between Technology and the Environment p. 146 The Relationship between the Provisions of the Covenant and the Universal Declaration of Human Rights as well as Other Instruments p. 151 'International Cooperation' p. 155 International Cooperation in the Covenant p. 156 The Consultative Group on International Agricultural Research p. 158 The Relationship between FAO and CGIAR p. 162 The Right to Benefit from the Moral and Material Interests of Scientific Production and the Right to Enjoy Benefits from Scientific Progress and Its Applications p. 169 Article 15.1(c) p. 172 Authors' Rights as Human Rights? p. 173 The Content of Article 15.1(c): Under Which Conditions Are Authors' Rights Human Rights? p. 177 Understanding Article 15.1(c) based on the Three Levels of State Obligations p. 184 Application of Article 15.1(c) p. 190 The Right to Benefit from Scientific Progress and its Applications p. 192 The Content of Article 15.1(b) p. 193 Understanding Article 15.1(b) based on the Three Levels of State Obligations p. 194 Private Research and State Obligations p. 198 Balancing Approaches between Paragraphs 15.1(b) and 15.1(c) p. 201 The Justifiable Limitations to the Recognized Rights p. 205 Article 4 p. 205 Article 5 p. 208 TRIPS and TRIPS-Compatible Protection p. 213
3 The TRIPS Agreement, Particularly Patent Protection p. 215 The TRIPS Agreement as Part of the WTO Agreement p. 215 Introduction p. 215 The Particularities of TRIPS p. 216 Principles and Procedures Regarding Developing Countries in the Dispute Settlement System Application of the Dispute Settlement System and National Application of TRIPS Provisions p. 218 p. 219 A Brief Drafting History of TRIPS p. 221 Patent Protection in the TRIPS Agreement p. 223 Introduction p. 223 Patent Eligibility p. 224 Exclusions from Patentability p. 232 Exclusive Rights p. 239 Exceptions and Limitations p. 241 Summary of the Material Provisions on Patent Protection in TRIPS p. 251 Enforcement p. 251 Effective Sui Generis Systems for the Protection of New Varieties of Plants p. 255 Plant Varieties Protection as Defined by UPOV p. 256 Eligibility Criteria p. 256 Exclusions from Plant Variety Protection p. 259 Exclusive Rights p. 260 Exceptions and Limitations p. 261 Requirements of an Effective Sui Generis System p. 265 Introduction p. 265 Considerations for Developing States p. 266 What is 'Effective Sui Generis' Understood to Imply? p. 268 Eligibility Criteria p. 270 Exclusions from Plant Variety Protection p. 275 Exclusive Rights p. 278 Exceptions and Limitations p. 281 Summary: Requirements of an 'Effective Sui Generis' System p. 285 Comparison between Measures to Realize the Right to Food and Measures to Strengthen p. 287 Patent and Plant Variety Protection Jurisdictional and Jurisprudential Issues under the International Covenant on Economic, Social and Cultural Rights and the TRIPS Agreement The Jurisdiction and Practice of Human Rights, Particularly the Committee on Economic, Social and Cultural Rights p. 289 p. 291 The Jusrisdiction of the Committee p. 291 The Practice of the Committee p. 295 Other Human Rights Bodies p. 299 The Jurisdiction and Jurisprudence of the Dispute Settlement System, and the Practice of the WTO's Political Bodies p. 303
4 The Dispute Settlement System of the WTO: Clarifying the Provisions of the Covered Agreements by Taking into Account Relevant Rules of International Law Which Rules of International Law Can Be Taken into Account in the Dispute Settlement System - and How? Jurisprudence of the WTO Dispute Settlement System, Including Analysis of the Extent to Which This Jurisprudence is Relevant for TRIPS and Human Rights Disputes p. 304 p. 305 p. 312 The Doha Declaration on TRIPS and Public Health p. 322 Potential Taking into Account the Right to Food in the WTO - Particularly in the Council on TRIPS, the Trade Policy Review Body and the Committee on Agriculture Could the International Court of Justice Solve a Dispute Relating to Patent Protection and the Right to Food? Principles for Identifying and Solving Conflicts between Treaties, as well as Identifying the Nature of Treaties, Applied to TRIPS and the Covenant p. 326 p. 330 p. 335 Conflict between Treaties p. 336 The Terms p. 336 Principles for Determining Conflict between Treaties p. 338 Conflict between Treaties on the Level of Taking Measures p. 340 Established Principles for Determining which Treaty Prevails in Situations of Conflict Between Treaties p. 343 Introduction p. 343 Same Subject Matter? p. 344 Solving Conflict between Treaties if Harmonious Interpretation Is Not Possible p. 345 Nature of Treaties p. 351 Introduction p. 351 Obligations Erga Omnes p. 352 The Concept of Multilateral Obligations p. 360 The Weight of Human Rights Obligations in International Economic Law Interpretation p. 370 Conflict or Compatibility between Human Rights and Patent and Plant Variety Protection? Approaches for Examining the Relationship between the Right to Food and Patent and Plant Variety Protection p. 371 p. 372 The Treaty Provisions and the Measures to be Taken under the Treaties p. 373 Prohibitions - The Treaty Obligations Cannot Be Complied with Simultaneously p. 374 TRIPS-Prescribed Measures and the Compliance with the Covenant p. 377 Adopting Measures as Prescribed by the Covenant and the Compliance with TRIPS p. 393 No Direct Conflict, but Several Concerns Relating to the Implementation of the Two Treaties, Seen in Light of the Different Object and Purpose of the Treaties Human Rights Considerations when Adopting Strengthened Protection of Patents and Plant Varieties p. 402 p. 407 Obligations Relating to Available Resources and Distribution p. 409 Obligations Relating to Undertaking Research p. 417 Summary p. 431
5 Conclusions p. 437 Acronyms p. 445 Symbols p. 447 Definitions p. 449 Table of Cases p. 451 Literature p. 455 Index p. 503 Table of Contents provided by Blackwell's Book Services and R.R. Bowker. Used with permission.
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