Discussion: Is Intellectual property Right Legislation Constraining the Agrifood Biotechnology Sector in the European Union?

In this paper, we discuss the implications of the recent Intellectual Property Right
(IPR) enforcement in the European Union (EU) as a potential factor affecting agrifood
biotechnology industry stagnation. After presenting a theoretical framework justifying
patents, we describe some controversial questions in the European patent protection
related to: a) the distinction between discovery and invention and; b) the
morality and ordre public exception to the patentability. Although we provide some
evidence about the reduction in importance of agrifood activities compared to that
of pharmaceutical areas of application, we conclude that differences between EU
and other developed countries IPR legislations are not the principal regulatory controversial
factor affecting activities in the agrifood biotechnology sector.

Keywords: agricultural biotechnology, IPR legislation, European Union