The Future Control of Food: A Guide to International Negotiations and Rules on Intellectual Property, Biodiversity, and Food Security

By Geoff Tansey; Tasmin Rajotte | Go to book overview

Notes

Preface
1. Quakers (Members of the Religious Society of Friends) have opposed war, promoted peaceful resolution of conflict, and supported multilateral institutions to deal with global problems as well as practising and promoting simplicity, truth and integrity in daily living: www.quaker.org.uk and www.quaker.ca; see also Tansey (no date) for more information about this programme.

Chapter 1
1. For Coca Cola figures see US Securities and Exchange Commission, Form 10-k, 'Annual report pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934', p50, available at www.thecoca-colacompany.com/investors/ form_10K_2006.html; for McDonald's see US SEC report for McDonald's, pp30 and 34, at www.sec.gov/Archives/edgar/data/63908/000 119312507039707/d10k.htm. The McDonald's figures included US$689.8m in advertising costs for company-operated restaurants plus a further US$97.4 production costs for radio and television advertising, primarily in the US, to which should be added an unaccounted, but 'significant', set of advertising costs by franchisees. For the fiscal year ended 31 December 2006 WHO's total proposed programme budget for the two years 2006–2007 was just over US$ 3.3 billion (see www.who.int/gb/e/e_pb2006.html) but 'Financing of the organization is increasingly from voluntary contributions, the majority of which are earmarked for specific projects or programmes. This earmarking can distort priority-setting and may threaten the impartiality of WHO, as well increase its administration costs', according to the draft eleventh programme of work 2006–15(revised), p22 (see www.who.int/ gb/pbac/pdf_files/Extraordinary/PBAC_EXO 1_2-en.pdf).

For 2004–5, total expenditure for the FAO was a little over US$1.5 billion, about half of which was regular core budget (from Programme Implementation Report (PIR) for 2004–05, Table 1 – see www.fao.org/docrep/meeting/011/j8013e/J80 13e04.htm).


Chapter 3
1. The General Agreement on Tariffs and Trade (GATT) adopted in 1947 has marginal references to IP but at the same time it includes a number of provisions, which, without specifically mentioning intellectual property rights (IPRs), lay down general rules capable of having a bearing on certain trade-related aspects of IPRs. The GATT 1947 contains basic principles and rules on governmental measures affecting trade of goods, and these rules and principles apply to all such measures, irrespective of the policy area in which they are taken, including such measures when they are in connection with IPRs, particularly the national treatment, the most-favoured nation treatment, general elimination of quantitative restrictions or non-discriminatory application of quantitative restrictions (see GATT document MTN.GNG/NG11/W/6).
2. See GATT document PREP.COM(86)W/41/Rev.1.
3. See Articles 400 and 401 of GATT document MTN.GNG/NG11/W/73.
4. Cf. State Street Bank and Trust Co. v. Signature Financial Group, 149 F.3d 1368 (Fed. Cir. 1998) (business methods); AT&T Corp. v. Excel Communications, Inc., 172 F.3d 1352 (Fed. Cir. 1999) (software). In other countries, such creativity may not be considered an invention or industrially applicable, requirements for patentability under a different TRIPS' provision.
5. See Canada – Patent Protection of Pharmaceutical Products, Report of the Panel, WT/DS114/R, paragraphs 7.101–7.105 (17 March 2000) (analysing provisions of Canadian law for de facto, rather than de jure, discrimina-

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