Kameri-Mbote, Patricia (2003): Community, Farmers' and Breeders' Rights in Africa: Towards a Legal Framework for Sui Generis Legislation
Kameri-Mbote, Patricia, (2003). Community, Farmers' and Breeders' Rights in Africa: Towards a Legal Framework for Sui Generis Legislation. University of Nairobi Law Journal, 2003, p.120.
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This article begins with an introduction to the concepts of community, farmers' and breeders rights, and goes on to present the main features of the international context for recognition of these rights, i.e. international agreements. On this basis, Kameri-Mbote discusses the African context and draws conclusions as to how a sui generis system could be designed.
She recommends that farmers' rights should be explicitly included in such a system. An important point is that such rights should not require prior declaration or registration. They should comprise the right to use, exchange and market farm-saved seeds; the right to protection of traditional knowledge; to benefit-sharing and participation in decision making at the national levels. They should also involve the right to information, which is a pre-condition for active participation in decision making. Finally, customary laws and practices of concerned communities should be applied in the protection of farmers' rights. The author concludes that the OAU Model Law provides a good basis for beginning for rethinking legal systems pertaining to the management of plant genetic resources for food and agriculture.