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Food, Biotechnology and Agriculture Food, Biotechnology and Agriculture Course Information 2018 Prof Michael Blakeney [email protected] 1 COURSE DESCRIPTION Introduction and unit content This unit covers three inter-related topics: food regulation, biotechnology and agriculture Food regulation This unit will provide a detailed examination of the application of UK and EU food laws and standards dealing with: food safety and food hygiene; hazards, warning systems and crisis management; food labeling; genetically modified foods; the roles played by organisations such as Codex Alimentarius, WHO, WTO, The European Commission, the and consumer protection authorities. The unit will also look at the issue of food loss and waste. Biotechnology This unit will focus upon the intellectual property aspects of agri-biotechnology, including: patenting, plant variety rights protection, trade secrets law and geographical indications Agriculture This unit will focus upon those WTO Agreements which have a bearing on food regulation and biotechnology, including the Agreement on Agriculture and the Agreement on Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade. Additionally, the unit will examine international attempts to protect plant genetic resources for food and agriculture. Lecture Schedule Class Topic/modules 1 Food Security • Definition of food security • Political responses • The right to food • Sustainable development 2 Food Loss and Waste Definitions Metrics Minimising FLW 3 Patents, Plant Breeding and Biotechnology • WTO TRIPS Agreement • Invention and genetic engineering • Myriad Genetics litigation • Genetic modification and patenting 4 Biotechnological patenting and climate change 2 • Climate change • Climate-ready patents • GM and negligence • GM crops in developing countries GM Agriculture 5 • Food from GE agriculture-should we worry? • EU legislation • Genome editing - CRISPR 6 Plant Variety Rights • The UPOV Convention, 1991 Act • Regional Arrangements (eg CPVR) • National Legislation • Patenting of plant breeding methods 7 Biopiracy Case Studies • Plant breeding • Biodiversity • Biopiracy • Case studies • Role of patents in biopiracy 8 Access to Genetic Resources and Benefit Sharing • Convention on Biological Diversity • International Treaty on Plant Genetic Resources for Food and Agriculture • The Bonn Guidelines • The Nagoya Protocol. 9 9.1 Introduction to GIs • What are GIs • History of GIs • GIs and Trademarks • International Protection of GIs • Protection of GIs in Europe • Australia and USA v EU in the WTO 9.3 Protection of GIs in Europe • EU trade in GIs products • EU legislation • Infringement • Traditional Specialities Guaranteed • Proposed extension of EU law to handicrafts 9.4 EU Agricultural Policy and GIs • Common Agricultural Policy (CAP) • Regulation 1308/2013 establishing a common organisation of the markets in agricultural products • New World v Old World 10 10.1 Biosafety -The Cartagena Protocol • Establishing the Cartagena Protocol • Key provisions of the Protocol 3 • Linkage with other instruments 10.2 Food Safety and the Precautionary Principle • Starlink Corn • Food Scares • EU-Framework Legislation Feed and Food Safety 10.3 Labelling of GMOs • EU legislation • European Food Safety Authority (EFSA) • GM labelling 11 SPS and TBT Agreements • Sanitary and Phytosanitary (SPS) Agreement • Technical Barriers to Trade (TBT) Agreement 12 Enforcement of Intellectual Property Rights in the Field of Agriculture • TRIPS Agreement • EU Draft Criminal Enforcement Directive • EU Civil Enforcement Directive • EU Customs Regulation 13 Exam RESOURCES Required text(s) and materials Text There is no prescribed text for this course as it ranges across three broad areas. Teaching materials are made available below. The following texts will be quite useful: food law: Gabriela Steier and Kiran K Patel, International Food Law and Policy, Springer, 2018; Caoimhin MacMaolain, Food Law. European, Domestic and International Frameworks, Hart publishing, 2015; Barry Atwood, Katherine Thompson and Chris Willett, Food Law, 3rd Edition, Tottel Publishing, 2009; agri-biotechnology: Matthew Rimmer, Intellectual property and Biotechnology: Biological Invention, Edward Elgar, 2008; Genetic Resources and Traditional Knowledge. Case Studies and Conflicting Interests. Edited by Tania Bubela and Richard Gold. Edward Elgar, 2012; Charles Lawson, Regulating Genetic Resources: Access and Benefit Sharing in International Law (Google eBook) agriculture: Michael Blakeney, Intellectual Property Rights and Food Security, CAB International 2009; Michael Blakeney, The Protection of Geographical Indications. Law and Practice Cheltenham UK, Edward Elgar 2014 . On-line Materials A good deal of information is now also available on-line. Useful websites include: International Organisations • Convention on Biological Diversity www.cbd.int • Food and Agricultural Organization (FAO) www.fao.int • United States Patent And Trade Mark Office: www.uspto.gov/ World Health Organization: www.who.org/ 4 • World Intellectual Property Organisation: www.wipo.org/ • World Trade Organisation Intellectual Property Page: www.wto.org/wto/intellec/intellec.htm Research Centres • Australian Centre for Intellectual Property in Agriculture: http://law.anu.edu.au/acipa/ • Bancroft Library: Bioscience and Biotechnology : http://bancroft.berkeley.edu/Biotech/ • Cambridge University: The Intellectual Property Unit : http://www.law.cam.ac.uk/ipunit/ • Cardozo University: http://www.cardozo.yu.edu/ip_program/index.html • Institute of Intellectual Property, Tokyo : http://www.iip.or.jp/e/index.html • Intellectual Property Research Institute of Australia: http://www.ipria.org/ • Intellectual Property Society of Australia and New Zealand Inc. : http://www.ipsanz.com.au/ • Max Planck Institute For Foreign And International Patent, Copyright And Competition Law, http://www.intellecprop.mpg.de/Enhanced/English/Homepage.HTM • Oxford Intellectual Property Research Centre, http://www.oiprc.ox.ac.uk/ • Queen Mary Intellectual Property Research Institute, University of London , http://www.ccls.edu/iplaw/ • Sheffield Institute of Biotechnological Law and Ethics , http://www.shef.ac.uk/uni/projects/sible/sible.html Readings Abbott, Frederick M. Thomas Cottier, Francis Gurry, The International Intellectual Property System, Commentary and Materials, Kluwer Law International, 1999. Albert, J. ‘New technologies and food labelling: the controversy over labelling of foods derived genetically modified crops’, in J Albert (ed.), Innovations in Food Labelling, The Food and Agriculture Organization of the United Nations and Woodhead Publishing Limited, Cambridge, 2010, pp. 154–61. Battiste, Marie, Protecting Indigenous Knowledge And Heritage: A Global Challenge, Saskatoon: Purich Pub., 2000. Blakeney, Michael, Intellectual Property Rights and Food Security, Wallingford, Oxford CABI, 2009 This book deals with biotechnology and agriculture. Blakeney, Michael, The Protection of Geographical Indications. Law and Practice Cheltenham UK, Edward Elgar 2014. This book deals with EU geographical indications law. Blakeney, Michael ‘Recent developments in intellectual property and power in the private sector related to food and agriculture’ (2011) 36 Food Policy Supplement 1, 109-113. Blakeney, Michael ‘Legal liabilities arising from the development, cultivation and use of GM crops (part 1)’ (2010) 4 Environmental Liability 134-148. Blakeney, Michael ‘Legal liabilities arising from the development, cultivation and use of GM crops (part 2)’ (2010) 4 Environmental Liability 171-179. Blakeney, Michael , ‘Patents and Plant Breeding: Implications for Food Security’ (2011). 3(3) Amsterdam Law Forum 73-88. VU e-Publishing, Amsterdam. Blakeney, Michael, ‘Climate change and gene patents’ (2012) 1(2) Queen Mary Journal of Intellectual Property, 2–13. 5 Blakeney, Michael, ‘Patenting of Plant Varieties and Plant Breeding Methods’, (2012) 63(3) Journal of Experimental Botany 1069-1074. Blakeney, Michael, ‘Geographical Indications and the International Trade in Australian Wines’ (2012) 18 (1) International Trade Law & Regulation 70-78. Caraher M and Coveney J, ‘Public health nutrition and food policy’, Public Health Nutrition, 2003, 7(5), pp. 591-598. FAO (Food and Agriculture Organization) and WHO (World Health Organization), ‘Hazard analysis and critical control point (HACCP) system and guidelines for its application’ in FAO/WHO 1997, Codex alimentarius: food hygiene: basic texts, Second Edition, Rome, 1997. Food Regulation Agency (UK), Better regulation initiatives, United Kingdom, www.food.gov.uk/foodindustry/regulation/betregs/ (Simplification of regulation, strategies to deliver better outcomes) Food Standard Agency (UK), Simplification Plan 2006/07, London (List of initiatives to reduce the burden of UK and EU food standards, administrative and policy costs) Grubb, Philip W, Patents for chemicals, pharmaceuticals, and biotechnology: fundamentals of global law, practice, and strategy, Oxford: Clarendon Press, New York: Oxford University Press, 1999. Grunert, KG & JM Wills, ‘A review of European research on consumer response to nutrition information on food labels’, Journal of Public Health, vol. 15, no. 5, 2007, pp. 385–99 Grunert, KG, et al., ‘Use and understanding of nutrition information on food labels in six European countries’, Journal of Public Health, vol. 18, no. 3, 2010, pp. 261– 77. Heasman, M., UK Food Policy and Strategy For The Next 20 Years Unveiled, Food for Good (blog), 9 January
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