Relaciones e incidencia de la propiedad intelectual de obtenciones vegetales sobre la seguridad y soberanía alimentaria.

Abstract

The right to food is recognized directly in the constitutions of the different countries or can be derived from other human, social, economic and cultural rights recognized constitutionally or through Framework Laws, as measures to articulate said right and generate legal conditions and establish obligations. state authorities to provide a means of enforcement at the administrative, judicial and quasi-judicial level, through the necessary institutional mechanisms in each country. Regulatory treatment of the right to food is subject to multiple limitations, due to the path or bias adopted by each country, in accordance with public policy regarding unsatisfied basic needs, public health and social investment. In Colombia there is no legal framework (hard-law) built to unify legal treatment in accordance with the political constitution and the national legal system, with social responsibility, for the food security of the population, whose main purpose is the fight against hunger. Vegetable seeds are the first link in the agri-food chain, since “on their possession, production and trade, the food sovereignty and agricultural development of a country depend, to the point that, who controls the seeds, controls the productive chain and the availability of food” (Perelmuter, 2018, p.1). Intellectual Property Rights (IPR) are the juridical-legal figures developed at the level of hard law as a protection mechanism, being significantly tangible, the breeder's rights, patents, industrial secrets and material transfer agreements (Yaya-Lancheros & Chaparro-Giraldo, 2007, p.49). There are two ways to recognize intellectual property applied to seeds: through Plant Breeder's Rights (DOV) and through invention patents, where “DOVs act on all types of seeds, but patents only on transgenic seeds as long as only genetic modification is protected” (Perelmuter, 2018, p.2). This work defines and addresses the incidence of IPR in Plant Varieties (DOV) and its incidence on food sovereignty and food security, because it is there, from the protection of seeds, where the product and the successive generations of the vegetable; for which the following research question was posed: ¿what are the relationships between the industrial property rights of plant varieties and what are their effects on the human right to food present in the sovereignty and food security of the population? Through an approach such as qualitative socio-legal research and based on content analysis, three categories of analysis are proposed, built from secondary sources from the legal system (doctrine, jurisprudence and soft law), to explain the relationship on the legal nature food sovereignty and food security, from: the socio-legal dimensions of the right to food; the right to food and to the intellectual property of the breeder; the incidence of the property rights of the breeder and the challenges for food sovereignty.