IP AND SUSTAINABLE DEVELOPMENT: THE ROLE OF GENETIC RESOURCES AND ASSOCIATED TRADITIONAL KNOWLEDGE IN BUILDING UP RESILIENT FOOD SYSTEMS

This study analysis the complex relationship between IP rights and sustainable development, with a special focus on the creation of resilient food systems. The thesis embraces a holistic understanding of how food systems operate, and each of the four chapters analyses a different aspect of the controversial relationship between IP and food, highlighting, in particular, how the protection of traditional knowledge (TK) associated to genetic resources can significantly contribute to the creation of resilient food systems. The first chapter introduces the historical and legal background of the connection between IP and sustainable development, pointing out how the TRIPS Agreement, despite promoting innovation and economic growth, has raised some concerns in relation to access to resources and equal distribution of benefits. The second chapter delves into the relationship between food security and IP, examining how the privatization of nature obstacles access to food, especially in developing countries. The subsequent chapter, instead, explores the opportunities and challenges related to TK protection, emphasising the need of a culturally sensitive approach addressing the exigencies of local and indigenous communities. Finally, the last chapter suggests solutions based on IP responses to promote resilient food systems, focusing on the adaptation of existing IP rights, on the introduction of mandatory disclosure requirements, and on the effective implementation of access and benefit-sharing (ABS) rules.