Realize Farmers’ Rights through reviewing and, as appropriate, adjusting national laws for access and benefit-sharing and/or related procedures
Possibilities to address Farmers’ Rights to equitably participate in sharing benefits arising from the utilization of PGRFA include determining rules for governing access to PGRFA, especially those managed on-farm or in situ by farmers and local and indigenous communities. Such rules may rely on internationally agreed procedures, such as Prior Informed Consent (PIC) or use tools such as community biodiversity registries and biocultural community protocols.
Since national measures and procedures for access and benefit-sharing may be required under several international agreements, requirements of all relevant agreements may be reviewed and implemented in a harmonious manner, for example by establishing ‘single window’ systems for access and benefit-sharing.
Furthermore, laws and procedures for the protection of traditional knowledge may include consent requirements in cases where traditional knowledge is documented, explored or used otherwise. The protection of traditional knowledge may also extend to seed of varieties that were developed based on traditional knowledge, practices or skills as well as related processes, and to products derived from them. Priority may also be given to the legal protection of farmers’ seed systems, e.g. to govern access to PGRFA held by farmers and local and indigenous communities and establishing national mechanisms that enable the fair and equitable sharing of benefits arising from their use.
Example(s) of possible measures:
- Single window’ system for joint implementation of ITPGRFA and Nagoya Protocol (Benin/Africa). Click here
- IPOPhl-NCIP Joint Administrative Order No. 01-2016 ‘Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of Indigenous Peoples (IPs) and Indigenous Cultural Communities (ICCs)’ (Philippines/Asia). Click here