| Abstract: | Legal context: Farmers are integral to the economy of most developing countries.There is currently a broad consensus that farmers, being custodiansof genetic diversity, should be granted rights for their enormouscontributions in identifying and conserving plant genetic resources.Farmers' rights recognize farmers as equivalent to breedersand give a farmer who has bred or developed a new variety aright of registration and protection in similar manner to abreeder. The Indian legislation on plant varieties places thefarmer on a very high footing by entitling him to save, use,sow, re-sow, exchange, share, or sell his farm produce. Key points: Farmers' rights discussed in this article are a collective rightgiven to farmers who conserve biodiversity. Plant varietiesdeveloped by modern biotechnology utilize traditional varietiesand are merely improvements of the breeding carried out by generationsof farmers. Yet little consideration is given to the contributionsof these farmers. Therefore it is essential that both the farmeras well as the breeder is protected where he achieves such geneticimprovements. Practical significance: The farmer's right acts as a countervailing force to the breeder'sright and is a retrospective reward of unlimited duration forthe conservation of plant genetic resources. Though the processof innovation by the farmer may not conform to the strict termsof the distinctness, stability, and uniformity requirement,his products also have definite criteria for the identificationof improved varieties. The pool of genetic diversity now availablewas largely obtained through the efforts of farmers of the pastwho identified, conserved, developed, and bred the now-traditionalvarieties. |
