The Impact of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement) on the Realization of the Right to Food.

Abstract

The incorporation of a strong intellectual property regime under the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement) and the consequences of its implementations mostly for developing countries has become an issue of much concern. The implementations of the agreement can have serious repercussions on the realization of some human rights. The purpose of this paper is to examine the impact of the TRIPS Agreement on the human right to food. The obligation of states under international human rights law concerning the right to food is discussed in the first section of this paper. This is followed by comprehensive analysis of the TRIPS Agreement as affecting the right to food. In this paper it is argued that the policy space necessary for many developing countries to undertake obligations related to the right to food in international human rights law is limited by intellectual property rights embodied under the TRIPS Agreement. Finally, the paper proposes bringing the TRIPS Agreement in conformity with the obligations of countries in international human rights law concerning the right to food.