Plant Variety Protection and Farmers' Rights
Towards a Broader Understanding
|Cullet, Philippe & Radhika Kolluru
Plant Variety Protection and Farmers' Rights - Towards a Broader
Delhi Law Review, Vol. 24, p. 41-59.
This article analyses
India's various legislation relevant for plant breeders' and farmers' rights.
Among the conclusions is that these acts are not homogeneous. As for farmers'
rights, the signals point in different directions, and much more needs to be
done to coordinate policies.
According to the authors, a broader
conception of farmers' rights needs to be established. Such rights should be
conceived as a positive mechanism that give to traditional knowledge holders
property rights and therefore full control over their knowledge. Other actors
involved in agrobiodiversity management, including beneficiaries at large,
should also have duties towards the promotion of food security. While giving
control to individuals and local communities over genetic resources, farmers'
rights should not exclude anyone with similar rights from the use of these
resources. Finally, they should provide a solid basis for equitable benefit
sharing. The authors conclude that farmers' rights contribute to making the
legal system fairer, and that promoting the recognition of farmers' rights can
make an enormous contribution to food security.