Farmers' rights and intellectual property rights - reconciling conflicting concepts.

Abstract

AbstractThis chapter discusses the relation of farmers' rights and intellectual property rights (IPRs) on plant genetic resources (PGRs). It describes the nature and purpose of both concepts and the relevant national and international institutional frameworks. Farmers' rights can be regarded as a counter-concept to IPRs, which advocates the interests of developing countries and their traditional farmers and tries to remunerate conservation and informal innovation efforts with regard to PGRs. It also aims at the conservation of PGRs. Possible conflicts between both concepts are depicted and options for reconciliation through the parallel implementation on the national and international level are shown. It is argued that a successful conclusion of the revision of the International Undertaking on Plant Genetic Resources is crucial to reconciliation on the international level. On the national level, many developing countries do already enact plant variety protection legislations with various provisions for the implementation of farmers' rights but it is still not decided if these provisions are in accordance with their obligations under the World Trade Organization.