-
Views
-
Cite
Cite
Elizabeth Verkey, Shielding farmers' rights, Journal of Intellectual Property Law & Practice, Volume 2, Issue 12, December 2007, Pages 825–831, https://doi.org/10.1093/jiplp/jpm189
Close - Share Icon Share
Abstract
Farmers are integral to the economy of most developing countries. There is currently a broad consensus that farmers, being custodians of genetic diversity, should be granted rights for their enormous contributions in identifying and conserving plant genetic resources. Farmers' rights recognize farmers as equivalent to breeders and give a farmer who has bred or developed a new variety a right of registration and protection in similar manner to a breeder. The Indian legislation on plant varieties places the farmer on a very high footing by entitling him to save, use, sow, re-sow, exchange, share, or sell his farm produce.
Farmers' rights discussed in this article are a collective right given to farmers who conserve biodiversity. Plant varieties developed by modern biotechnology utilize traditional varieties and are merely improvements of the breeding carried out by generations of farmers. Yet little consideration is given to the contributions of these farmers. Therefore it is essential that both the farmer as well as the breeder is protected where he achieves such genetic improvements.
The farmer's right acts as a countervailing force to the breeder's right and is a retrospective reward of unlimited duration for the conservation of plant genetic resources. Though the process of innovation by the farmer may not conform to the strict terms of the distinctness, stability, and uniformity requirement, his products also have definite criteria for the identification of improved varieties. The pool of genetic diversity now available was largely obtained through the efforts of farmers of the past who identified, conserved, developed, and bred the now-traditional varieties.
