Modern Encroachment on Traditional Rights of Farmers: An Analysis of the Conceptual Basis of Farmers' Rights in IPR Regime.

Autor: Hussain, Showkat
Předmět:
Zdroj: IUP Law Review; Apr2016, Vol. 6 Issue 2, p28-42, 15p
Abstrakt: A discussion on the devolution of rights upon farmers in the field of Intellectual Property Rights (IPRs) is actually a discussion on the proprietary claims on plant genetic resources. Many justifications are given for the grant of IPRs to persons who invest their skill, labor, time and effort in creating something that helps develop the society. These justifications have given rise to new forms of properties like, patents, copyrights, designs, trademarks, and Breeder's Rights, etc. Using the same analogy, it is argued that farmers must also be rewarded for their past, present and future contributions in conserving, improving, and making available plant genetic resources. The farming community has over centuries protected and preserved our plant genetic resources and it would be unfair if they were not rewarded for their efforts. The farming community is an equally important stakeholder in maintaining future food security of the world. But the farming community has been denied that what is due to them. This paper presents an analysis of the conceptual basis of farmers' rights in IPR regime. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index