Conflicts in intellectual property rights of genetic resources: implications for agricultural biotechnology.

Abstract

AbstractGovernments of developing countries are presently confronted with various, and directly conflicting, international obligations that regulate the use of genetic resources. They must recognize intellectual property protection of plant material and farmers' rights, and, they must take into account rules for access to plant genetic resources and related technology, and for sharing benefits of the use of genetic resources. All these obligations may have an impact on plant-breeding activities and on the diffusion of new plant varieties and biotechnological innovations. This impact, however, may differ by region and by country, because there are large differences among countries in their plant-breeding capability, the share of farmers that use modern varieties, and the value of plant genetic resources available. These differences have caused an international controversy on the interpretation and operationalization of the international obligations. This chapter discusses some effects of the plant variety protection (PVP) system. It is argued that the currently favoured International Union for the Protection of New Varieties of Plants (UPOV)-PVP system may have negative effects for the majority of small farmers in developing countries, and that these negative effects, and the absence of positive effects, have led to the demand for farmers' rights. It is suggested that developing countries should be allowed to introduce modified PVP systems. These systems should: (i) allow farmers to save and swap seed from protected varieties; and (ii) encourage breeding approaches that result in less uniform varieties which can be adapted by farming communities. Three policy options are discussed that could combine these requirements: PVP and accession to UPOV; PVP but early exhaustion of the right; and the establishment of a Breeders' Fund.