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STATE OF FARMERS' RIGHTS PER
TOPIC:
Farmers' Rights to save, use,
exchange and sell farm-saved seed
Farmers Rights to save,
use, exchange and sell seed and propagating material from their own harvest are
addressed in Paragraph 9.3 of the International Treaty on Plant Genetic
Resources for Food and agriculture.
Such practices are
increasingly affected by regulations on plant breeders' rights and on the
certification of seeds for sale. Generally, Farmers' Rights with regard to such
practices are most restricted in the North, and least restricted in Africa. In
Asia and Latin America, there are many examples of regulations in this context,
but these tend to have wider exemptions for farmers than in the North. The
recognition of Farmers' Rights in India's legislation has received much
attention of late, due to the wide exemptions for farmers, combined with
farmers' intellectual property rights. The legislation in Bangladesh has
received less attention, but it appears highly interesting because it promotes
plant breeding for the public domain, i.e. for the free use of
farmers.
In the North, there are strict regulations on intellectual
property rights as well as seed certification. Often farmers are not allowed to
use farm-saved seed on their own holdings, or they must pay a licence fee to do
so. In addition, seed laws establish strict conditions for exchange or sale of
seeds and propagating material of traditional varieties. Such regulations pose
serious barriers for farmers' stewardship and innovations in agriculture. In
the European Union, interesting measures have been discussed to solve this
problem by allowing the marketing and sale of specified categories of plant
varieties for such purposes. However, so far the proposal has not been adopted.
Read more:
Success stories from the
realization of the right to save, use, exchange and sell farm-saved seed
Legislation database
Pages in this sub-section:
STATE OF FARMERS' RIGHTS PER TOPIC
Protection of traditional
knowledge
Equitable benefit
sharing
Participation in decision
processes
Rights to
save, use, exchange and sell farm-saved seed |
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