Farmers, innovation and intellectual property

Abstract

The plant intellectual property (IP) ‘regime complex’ is a dynamic one that mainly comprises two interacting legal rights: patents and plant variety protection. The existence and expansion of these rights is justified on two main grounds: (i) that innovators need to be rewarded for their investments, and providing these rights is the best way to do this, and (ii) that we can rely on the companies owning these rights to provide most if not all the seed that farmers need, including small-scale cultivators in developing countries. This chapter aims to reveal the flaws in these justifications, assess the practical food security consequences and consider alternative approaches.

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