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ID 15294
本文ファイル
別タイトル
GMO conflict between patent protection and farmers' privilege : A Schmeiser v. Monsanto case
著者
平木 隆之
NDC
法律
抄録(英)
In the 1990s, genetically modified (GM) crops have rapidly gained favor with farmers and increased in market share. GM crops are different from natural ones in that they are manufactured, not plants naturally grown. This aspect is very significant when we discuss the patentability of GM crops. The multinationals developing GM seeds have claimed patent protection for their “inventions" and the governments in the USA and Canada have concluded that GM crops are not the “discovery" of genes resulting from a law of nature. In other words, GM crops can be patentable as long as they can be approved as inventions with novelty and usefulness. In the meantime, the multinationals require the farmers who purchase the patented GM seeds to sign the Technology Use Agreement (TUA) under which the farmers are not allowed to save, replant, transfer and sell them. However, the “farmers' privilege" provided in the UPOV conventions has traditionally granted the farmers the right to save, replant, transfer and sell the seeds obtained from their own property. The main focus of this paper is on the conflict over the patentability of GMOs in terms of the protection of farmers' privilege. This paper considers the fact that the multinationals' TUA restrict farmers' privilege by referring to the first lawsuit in which Monsanto Co. sued Mr. Schmeiser, a Canadian farmer, against the patent rights for GM canola. In this lawsuit, Monsanto claimed that Mr. Schmeiser illegally saved and sold the GM canola seeds without signing the TUA with Monsanto, although Mr. Schmeiser claimed that the GM canola he used were grown naturally on his holdings because of wind or pollination. The conclusion is that the multinationals will restrict framers' privilege and strengthen their control over the property rights for genetic resources by making use of patent protection and its resulting TUA. Thus, this paper stresses that the soundness of life patent should be discussed based not only on ethical aspects, but on the structure of resource
掲載誌名
広島平和科学
26巻
開始ページ
133
終了ページ
158
出版年月日
2004
出版者
広島大学平和科学研究センター
ISSN
0386-3565
NCID
SelfDOI
言語
日本語
NII資源タイプ
紀要論文
広大資料タイプ
学内刊行物(紀要等)
DCMIタイプ
text
フォーマット
application/pdf
著者版フラグ
publisher
部局名
平和科学研究センター
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