Document Abstract
Published:
2007
Protecting farmers' rights in the global IPR regime: challenges and options for developing countries
Well-designed IPR legislation is critical for small-scale farmers to continue as stewards of agro-biodiversity
Farmers’ rights are about enabling farmers to continue as stewards and innovators of agro-biodiversity, and about rewarding them for their contribution to the global genetic pool. This policy brief outlines central challenges and options for the realisation of farmers’ rights, indicating that farmers’ rights are a vital means in the fight against poverty.
The paper underscores that the vast majority of farmers in developing countries still act as stewards of genetic diversity, but legal restrictions on access to available genetic resources are emerging as an obstacle to traditional farming.
In particular, the author points out that access and benefit sharing (ABS) laws, often adopted with reference to the Convention on Biological Diversity (CBD), tend to restrict access to genetic resources for companies. However, in some cases the laws also cover gene bank conservation activities, vital for farmers’ continued access to agro-biodiversity.
The paper emphasises that farmers must be allowed to save, develop, exchange and sell seeds and propagating materials from their varieties with other farmers.
Recommendations include:
The paper underscores that the vast majority of farmers in developing countries still act as stewards of genetic diversity, but legal restrictions on access to available genetic resources are emerging as an obstacle to traditional farming.
In particular, the author points out that access and benefit sharing (ABS) laws, often adopted with reference to the Convention on Biological Diversity (CBD), tend to restrict access to genetic resources for companies. However, in some cases the laws also cover gene bank conservation activities, vital for farmers’ continued access to agro-biodiversity.
The paper emphasises that farmers must be allowed to save, develop, exchange and sell seeds and propagating materials from their varieties with other farmers.
Recommendations include:
- IPR legislation must be designed so as to enable small-scale farmers to continue their customary practices related to seeds and propagating materials
- identically, plant-health concerns must be addressed in other ways
- ABS legislation must not serve to discourage seed exchange among farmers
- establishing funds or facilitating mechanisms at the national and international levels to channel the necessary resources to activities supporting farmers in their maintenance of agro-biodiversity must be considered
- yet, raising awareness on the importance of farmers’ rights for food security and poverty reduction must be prioritised
