المعاهدة الدولية بشأن الموارد الوراثية النباتية للأغذية والزراعة

Recognizing farmer’s rights to freely save, use, exchange and sell farm-saved seed/propagating material of protected varieties in Plant Variety Protection laws

Several developing countries such as Ethiopia, India, Malaysia and the Philippines have developed their own sui generis plant variety protection (PVP) systems, which comply with the demands of the TRIPS Agreement of the WTO as well as implements farmers´ right to freely save, use, exchange and sell farm-saved seed/propagating material. In 2001, India passed the Protection of Plant Varieties and Farmers´ Rights Act stating that a farmer shall be entitled to save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a variety protected under the Act in the same manner as s/he was entitled before. Likewise, the Ethiopian Plant Breeders Right Proclamation from 2006 grants farmers the right to save, use, multiply, exchange and sell farm-saved seed or propagating material of protected varieties. The Philippine and the Malaysian law have other articles promoting the farmers’ rights to freely save, use, exchange and sell farm-saved seed/propagating material of protected varieties in plant variety protection laws. This shows that it is feasible to implement an effective PVP system that also recognizes farmers’ right to freely save, use, exchange and sell farm-saved seed/propagating materials. 

Institution/organization Civil Society Organization
Provision of Art. 9 addressed Art. 9.1, Art. 9.3
Type of measure/practice Legal
Country Ethiopia, India, Malaysia, Philippines
Region Global
Link(s) to further information about the measure/practice http://www.fao.org/3/ca7798en/ca7798en.pdf
Keyword(s) Farmers’ Rights, PGRFA

Share this page