The intersection between Farmers’ Rights and Plant Breeders’ Rights represents one of the most contested domains within international agricultural and intellectual property law. While plant breeders seek proprietary protection over new plant varieties to incentivize innovation and investment, farmers—particularly in developing countries—continue to rely on traditional practices such as seed saving, exchange, reuse, and informal distribution systems that sustain both livelihoods and agro-biodiversity. This tension reflects a deeper conflict between commercialized innovation and community-based knowledge systems.
This paper critically examines these competing interests under key international regimes, including the TRIPS Agreement of the World Trade Organization, the UPOV Convention, the Convention on Biological Diversity, and the International Treaty on Plant Genetic Resources for Food and Agriculture. It highlights how TRIPS mandates intellectual property protection for plant varieties, often strengthening breeders’ monopolistic rights, while UPOV—especially its 1991 Act—further narrows farmers’ traditional freedoms. In contrast, instruments like the CBD and ITPGRFA recognize farmers’ contributions to conservation and advocate equitable benefit-sharing, yet lack strong enforcement mechanisms.
The study argues that despite normative recognition, farmers’ rights remain fragmented, under-implemented, and largely subordinate to commercial breeding interests. It proposes the need for a balanced and context-sensitive legal framework that integrates innovation incentives with social justice, biodiversity conservation, and food sovereignty. Such a framework must strengthen farmers’ entitlements, promote participatory breeding, and ensure equitable access to genetic resources.
Publication Date: 2026-05-30