The Application of TRIPS to GMOs: International Intellectual Property Rights and Biotechnology

Biotechnology companies have fought to have their rights to seeds and genetically modified organisms (GMOs) recognized and enforced in the international community. This article analyzes the treatment of GMOs by the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), comparing its application in the U.S. and overseas in contrast with other international laws regarding GMOs that embrace the precautionary principle and restrict this technology. Particular emphasis is given to the broader issues of intellectual property rights as applied to developing countries, which rely upon the small farmer, and the long term goals of the international community. The article proposes a model of intellectual property rights and international trade as a means to promote constructive innovation for the public benefit by encouraging socially responsible technology.