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12 Conflict Or Compatibility Between Human Rights And Patent And Plant Variety Protection?

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Chapter Summary

This chapter identifies the potential conflicts that might arise in the implementation of the provisions of the human rights treaties and WTO treaties, seen in light of the different object and purpose of the treaties. It provides administrative and legal measures to be taken in accordance with the provisions for assessing the conflict or compatibility between Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the International Covenant on Economic, Social and Cultural Rights. The chapter analyzes the specific provisions in order to identify the relationship between the two treaties. It also analyzes the relevance and application of specific human rights provisions which should be taken into account when introducing a strengthened protection of biotechnology patents relating to food crops, as well as plant varieties.

Keywords: biotechnology patents; food crops; human rights; plant variety protection; TRIPS; WTO treaties



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