Commodifying Agricultural Biodiversity and Development‐Related Issues

Abstract

This study addresses the question of whether sui generis plant variety rights legislation has become redundant due to the growing use of patents for the protection of plant‐related inventions. It considers the extent to which the patent system needs to be modified in order to prevent agricultural exemptions, enjoyed by plant breeders and farmers under sui generis plant variety protection (PVP), from being overridden by patent claims that extend to plants and plant varieties. It is suggested that sui generis PVP regimes should respond to broad societal objectives and promote sustainable agriculture. The intellectual property right system should be able to support commercial and research activities compatible with the diversification of crops, the promotion of development and commercialization of under‐utilized crops and species, the development of new markets for local varieties and “diversity‐rich” products. The economic efficiency of the patent system should also be scrutinized with regard to its ability to preserve the fulfilment of these development goals.

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