Tuhairwe, Herman (2017): Farmers’ rights and plant variety protection in Uganda: considerations and opportunities
Tuhairwe, Herman. (2017). Farmers’ rights and plant variety protection in Uganda: considerations and opportunities. Journal of Intellectual Property Law & Practice, 12(12), 1004–1011.
In 2014, Uganda passed the Plant Varieties Protection Act, which enhances the rights of commercial plant breeders. This article critiques the Plant Varieties Protection Act, showing that its letter and spirit does not adequately protect the rights of local farmers and farming communities. The article explores the inevitable problems that will arise due to the failure to adequately protect farmers’ rights through plant variety legislation. The article recognizes that whereas plant variety legislation is not the only option for protection of farmers’ rights, it lays a robust foundation for their protection if adequately utilized. The article then recommends that in light of the existing dynamics in Uganda, the following farmers’ rights should be specifically laid down in legislation, namely: right to participate in decision making; right to register traditional varieties; right to benefit sharing; right to seeds; and right to receive free services.