1st Edition
Farmers' Crop Varieties and Farmers' Rights Challenges in Taxonomy and Law
Over the last 50 years there has been a growing appreciation of the important role that farmers play in the development and conservation of crop genetic diversity, and the contribution of that diversity to agro-ecosystem resilience and food security. This book examines policies that aim to increase the share of benefits that farmers receive when others use the crop varieties that they have developed and managed, i.e., ‘farmers varieties’. In so doing, the book addresses two fundamental questions. The first question is ‘how do farmer management practices – along with other factors such as environment and the breeding systems of plants – affect the evolution and maintenance of discrete farmers’ varieties?’ The second question is ‘how can policies that depend on being able to identify discrete plant varieties accommodate the agricultural realities associated with the generation, use and maintenance of farmers’ varieties?’ This focus on discreteness is topical because there are no fixed, internationally recognized taxonomic or legal definitions of farmers’ varieties. And that presents a challenge when developing policies that involve making specific, discrete farmers’ varieties the subject of legal rights or privileges.
The book includes contributions from a wide range of experts including agronomists, anthropologists, geneticists, biologists, plant breeders, lawyers, development practitioners, activists and farmers. It includes case studies from Asia, Africa, Latin America and Europe where, in response to a diversity of contributing factors, there have been efforts to develop policies that provide incentives or rewards to farmers as stewards of farmers’ varieties in ways that are sensitive to the cultural, taxonomic and legal complexities involved. The book situates these initiatives in the context of the evolving discourse and definition of ‘farmers' rights’, presenting insights for future policy initiatives.
1. Introduction
Michael Halewood and Isabel Lapeña
Part 1: Dynamism in the Field: Factors Affecting the Evolution and Maintenance of Distinct Traits in Farmer’s Variety
2. Technical Challenges in Identifying Farmer Varieties
Jeremy Cherfas
3. The Farmers’ Role in Creating New Genetic Diversity
Carlo Fadda
Part 2: Case Studies at the Interface of Farmer Variety Enhancement Efforts and National Policies
4. Leveraging the Successful Participatory Improvement of Pokhareli Jethobudhu for National Policy Development in Nepal
Pratap Kumar Shrestha
5. Promoting Policy Support for the Enhancement and Marketing of Farmers’ Varieties in Vietnam
Nguyen Thi Ngoc Hue and Michael Halewood
6. Participatory Barley Breeding in Syria: Policy Bottlenecks and Responses
Salvatore Ceccarelli
Part 3: The International Policy Context: Global Systems of Conservation and Use and Farmers’ Rights
7. Historical Context: Evolving International Cooperation on Crop Genetic Resources
Regine Anderson
8. Farmers’ Rights: Evolution of the International Policy Debate and National Implementation
Regine Andersen
Part 4: Identifying Discrete Farmers’ Varieties in Law
9. Sui Generis IPR Protections for Farmers’ Varieties
Carlos Correa
10. Variety Registration: The Evolution of Registration Systems with a Special Emphasis on Agro-biodiversity Conservation
Niels Louwaars and François Burgaud
11. Defensive Protection of Farmers’ Varieties
Isabel López Noriega
12. Institutional Capacity and Implementation Issues in Farmers’ Rights
C.S. Srinivasan
Part 5: Case studies of National Laws
13. Commentary on the Indian Protection of Plant Varieties and Farmers’ Rights Act 2001
Dwijen Rangnekar
14. Commentary on the Malaysian Protection of New Varieties Act 2004
Lim Eng Siang
15. Commentary on Egypt’s Law on the Protection of Intellectual Property Rights
Mohammed Eid Megeed
16. Commentary on Thailand’s Plant Varieties Protection Act
Gabrielle Gagne and Chutima Ratanasatien
17. Commentary on the Zambian Plant Breeders’ Rights Act
Godfrey Mwila
18. Commentary on the Nepalese Seeds Act and the Seeds Regulation
Pratap Shrestha
19. Variety Regulation in the United State of America
Richard J. Blaustein
20. Commentary on Law no. 10711 Regulating the Brazilian National Seed and Seedling System
Juliana Santilli
21. Commentary on Variety Registration Regulation in Italy
Alejandro Mejias, Enrico Bertacchini and Riccardo Bocci
22. Commentary on the Zambian Plant Variety and Seeds Act, 1998
Godfrey Mwila
23. Commentary on the Regulation on Management of Farm Households' Plant Varieties in Vietnam
Nguyen Van Dinh and Nguyen Ngoc Kinh
24. Commentary on the Registry of Native Crops in Peru: Law 28477 and the Registry of Native Potatoes
Manuel Ruiz Muller
25. Analysis of the Draft Proposal for the Establishment of a Special System for the Registry and Commercialization of Native Seeds (Farmers’ Seeds) in Costa Rica
Jorge Cabrera Medaglia
26. Registration of Traditional Varieties under Benin Seed Regulation
Raymond Vodouhe with Michael Halewood
Biography
Michael Halewood is a senior scientist and leader of the Genetic Resources Policies, Institutions and Monitoring Group at Bioversity International, Rome, Italy.
"Putting farmers’ rights at the centre of policy initiatives is crucial for agricultural biodiversity in ACP countries. This book is a valuable contribution to the complex yet worthwhile project to conserve farmers’ diverse crop varieties." - Spore (2016, issue 181)