Farmers' Crop Varieties and Farmers' Rights: Challenges in Taxonomy and Law (Paperback) book cover

Farmers' Crop Varieties and Farmers' Rights

Challenges in Taxonomy and Law

Edited by Michael Halewood

© 2016 – Routledge

406 pages | 23 B/W Illus.

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About the Book

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.

Reviews

"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)

Table of Contents

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

About the Editor

Michael Halewood is a senior scientist and leader of the Genetic Resources Policies, Institutions and Monitoring Group at Bioversity International, Rome, Italy.

About the Series

Issues in Agricultural Biodiversity

Issues in Agricultural Biodiversity

This series of books is published by Earthscan in association with Bioversity International. The aim of the series is to review the current state of knowledge in topical issues associated with agricultural biodiversity, to identify gaps in our knowledge base, to synthesize lessons learned and to propose future research and development actions. The overall objective is to increase the sustainable use of biodiversity in improving people’s well-being and food and nutrition security. The series’ scope is all aspects of agricultural biodiversity, ranging from conservation biology of genetic resources through social sciences to policy and legal aspects. It also covers the fields of research, education, communication and coordination, information management and knowledge sharing.

For more information on Bioversity International, please visit http://www.bioversityinternational.org/

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Subject Categories

BISAC Subject Codes/Headings:
SCI088000
SCIENCE / Life Sciences / Biological Diversity