Publication: Intellectual Property Rights in the Breeding Industry : Farmers’ Interests
Date
2006-06
ISSN
Published
2006-06
Author(s)
Louwaars, Niels
Tripp, Rob
Eaton, Derek
Abstract
Intellectual property rights (IPRs) in
plant breeding are being introduced or strengthened in
developing countries as a result of the Agreement on
Trade-Related Aspects of Intellectual Property Rights
(TRIPS) of the World Trade Organization. Although living
organisms have traditionally been excluded from patent
protection, pressures to promote plant breeding in several
industrialized countries (including pressure from
farmers' organizations) resulted in the development of
specially adapted IPRs for plant varieties beginning in the
1930s. Why would farmers be interested in a legal
instrument that is likely to make them pay more for seed?
The answer is that farmers are the immediate beneficiaries
of new varieties, and they benefit from increased
investments in breeding. Decisions about what level of
farmers' privilege is appropriate in national IPR
legislation are further complicated by the related concept
of farmers' rights. Farmers' associations and
nongovernmental organizations (NGOs) that represent farmers
need to be involved in the national debate on agricultural
IPRs. Finally, In countries where the rights are weaker, it
is important to recognize that private sector incentives for
investment will be correspondingly lower, and that
public-sector plant breeding will need to be well financed
to provide the necessary support.
Citation
“Louwaars, Niels; Tripp, Rob; Eaton, Derek. 2006. Intellectual Property Rights in the Breeding Industry : Farmers’ Interests. Agricultural and Rural Development Notes; No. 14. © World Bank, Washington, DC. http://openknowledge.worldbank.org/entities/publication/91a5b5cf-0e5c-53c6-977b-d119dca61417 License: CC BY 3.0 IGO.”