The World Trade Organization Obligations and Legislative Policy : Choices in Developing Countries for Biotechnology

Many developing and least developed countries are facing new challenges brought on by agricultural biotechnology. This paper offers biotech policy choices in the process of developing comprehensive biotech regulatory systems. This paper examines whether or not there are WTO obligations on enacting biotechnology regulation; and if yes, what they are. It discusses the most contentious article 27:3(b) of the TRIPS Agreement, which covers biotechnology in the context of exclusions from patentability. This paper surveys laws and practices of agricultural biotechnology in Europe, the US and Canada, and further critically analyzes the scope of patentability of biotech innovations; genetically modified organisms (GMOs); commercialization and risk assessment of genetically modified plants, crops, foods and other products; co-existence of genetically modified, conventional and organic farming; the Precautionary Principle; public participation; and farmers' rights