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The world according to Monsanto : pollution, corruption, and

The world according to Monsanto : pollution, corruption, and

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314 the <strong>world</strong> <strong>according</strong> <strong>to</strong> monsan<strong>to</strong>control) of areas that traditionally were a matter of public policy. <strong>The</strong> associationof these sec<strong>to</strong>rs with trade is so far from obvious that the drafters ofthe agreements got around the problem by using the expression “traderelated,”thereby pointing <strong>to</strong> the subterfuge.This was notably the case with the TRIPS agreement, which, it turns out,“was largely designed by a coalition of companies gathered under the nameof Intellectual Property Committee (IPC),” including the “major players inthe area of biotechnology,” as the researchers from Quebec pointed out. 8 Establishedin the United States in March 1986, the IPC brought <strong>to</strong>getherthirteen multinational corporations, principally from the chemical, pharmaceutical,<strong>and</strong> computer industries: Bris<strong>to</strong>l-Myers, DuPont, FMC Corporation,General Electric, General Mo<strong>to</strong>rs, Hewlett-Packard, IBM, Johnson<strong>and</strong> Johnson, Merck, Pfizer, Rockwell International, Warner Communications,<strong>and</strong> Monsan<strong>to</strong>.As soon as it was established, the committee contacted the Union of Industrial<strong>and</strong> Employers’ Confederations of Europe (UNICE), official organof the European business <strong>world</strong>, <strong>and</strong> the Keidanren, the Japanese employers’confederation, <strong>to</strong> draft a common document, which was submitted <strong>to</strong>GATT in June 1988. Titled “Basic Framework of GATT Provisions on IntellectualProperty: Statement of Views of the European, Japanese, <strong>and</strong> UnitedStates Business Communities,” this document, which formed the basis forthe TRIPS agreement, was aimed at extending <strong>to</strong> the rest of the <strong>world</strong> thepatent system that already existed in the industrialized countries, whichall <strong>to</strong>ld, through the offices in Washing<strong>to</strong>n, Munich, <strong>and</strong> Tokyo, registered97 percent of the patents filed by companies (the vast majority from theNorth). <strong>The</strong> document framed the issue in these terms: “Disparities amongsystems for the protection of intellectual property result in excessive loss oftime <strong>and</strong> resources in the acquisition of those rights. Holders find that theexercise of their rights is hindered by laws <strong>and</strong> regulations limiting marketaccess <strong>and</strong> the repatriation of profits.” <strong>The</strong>re followed a short paragraph:“Biotechnology, or the use of microorganisms in production, is a sec<strong>to</strong>r inwhich patent protection has fallen behind the rapid progress of medicine,agriculture, <strong>pollution</strong> reduction, <strong>and</strong> industry. ...This protection shouldapply <strong>to</strong> the processes as well as the products of biotechnology, whetherthey be microorganisms, parts of microorganisms (plasmids <strong>and</strong> other vec<strong>to</strong>rs),or plants.” 9Seemingly convinced that what might be considered a hijacking of GATT

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