Intellectual Property, Agriculture and Global Food Security

Intellectual Property, Agriculture and Global Food Security

The Privatization of Crop Diversity

Claudio Chiarolla

This well-researched book focuses on international governance of crop diversity and agricultural innovation. It highlights the implications that the future control of food, including access to agricultural resources and technologies, might have for global food security.

Chapter 5: Case Study: The Regulation of Crop Diversity in Viet Nam

Claudio Chiarolla

Subjects: environment, environmental law, law - academic, environmental law, intellectual property law, international economic law, trade law


5.1 INTRODUCTION Viet Nam is a country with an economy in transition, which has recently undergone deep economic and legislative changes. These changes have modernized its national innovation and trading system with the aim of improving Viet Nam’s competitiveness and its full participation in the global economy. The positive impact of these reforms on economic growth, employment and income generation has also increased the pressure on natural resources and the environment.1 The Government of Viet Nam, aware of the significant economic and cultural values of biodiversity, has developed a legal and policy framework for the management and protection of biodiversity. Such framework includes the regulation of access to genetic resources and the sharing of the benefits arising from their use. This case study is designed to test the proposition that global institutional reforms, which govern the present and future allocation of wealth from crop diversity and, in particular, their implementation in the Vietnamese context, neither has legally recognized the need to afford a special treatment to PGRFA, nor has remarkably strengthened the important role that informal seed systems still play in the country. In order to test the proposition outlined above it is necessary to analyse how IPR and biodiversity-related obligations are being enacted in Viet Nam to bring national legislation into harmony with international 1 According to the World Bank, ‘Viet Nam is one of the three borrowing countries achieving the highest quality outcomes for the period 2000 to 2004’. However, biodiversity and the livelihood of ethnic...

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