Seafood Without the Sea: Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, the ‘Justifiability Test’ and Innovative Technologies in a Sustainable Blue Economy

Mariela De Amstalden

doi:10.1163/22119000-12340241

Abstract

Abstract With the growing global demand for seafood and ocean ecosystems increasingly at risk, advances in the field of cellular aquaculture provide a unique opportunity to foster sustainable fisheries. However, the successful commercialization of cell-based seafood requires the adoption of the regulation on product labelling. This article explores the trademarks issues of cell-based foods specifically and whether these types of intellectual property rights can contribute to the promotion of sustainable fisheries in the so-called ‘blue economy’. It examines the extent to which international trademark protection has the ability to contribute to better ocean governance by accommodating higher public policy imperatives, the recent case law on Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the newly adopted ‘justifiability test’ for special requirements as they apply to trademarks. It appraises some of the legal implications for the regulatory design of domestic labelling regulation as they apply to cell-based seafood.

Highlights

Agreement on Trade-Related Aspects of Intellectual Property Rights – cell-based technology – justifiability test – labelling – sustainable blue economy – trademarks via free access
It examines the extent to which international trademark protection has the ability to contribute to better ocean governance by accommodating higher public policy imperatives, the recent case law on Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the newly adopted ‘justifiability test’ for special requirements as they apply to trademarks
It appraises some of the legal implications for the regulatory design of domestic labelling regulation as they apply to cell-based seafood

Summary

Property Rights

Seafood without the sea is a reality, with latest estimations forecasting cell-based seafood to be available for sale directly to consumers as early as 2022.1 With growing global demand for seafood and ocean ecosystems increasingly at risk, advances in the field of cellular aquaculture provide a unique market-based solution to promote sustainable fisheries. According to the Food and Agriculture Organization of the United Nations (FAO), the world population is expected to reach 9.7 billion in 2050,50 which will, in turn, require agricultural output to double the food, feed and biofuel produced in 2012.51 economic growth has accelerated dietary transitions, translating in increased meat consumption – with severe implications for the sustainable use of resources.[52] Against this backdrop, cell-based meats understood as a potential solution to world hunger builds the foundation for the main message in the second promissory narrative of ‘feeding the world’.53 Through this lens, Stephens and others (n 28) 157–58.

Food Labelling

Findings

Blue Economy