Intellectual property protection, including patents, is a critical factor underpinning investment and progress in the development of genetically modified foods. The GATT agreement made suggestions for the harmonization of patent laws and also made provisions for the avoidance of discrimination based on place of invention. However, plant and animal ‘varieties’ are currently not patentable. Much of the debate concerns what is meant by ‘variety’. There is also some debate currently concerning the morality of patenting living organisms. Much of the debate concerns risks, benefits and ethical issues, much of which is outside the scope of the patent system.