The Right of Farming Communities to Access Improved Plant and Seed Varieties: A Critical Analysis of the Impact of the Intellectual Property Regime on Sustainable Development

Abstract

The global population has exceeded the 7 billion mark, and this places severe constraints on the finite resources of the planet. One of the key factors in feeding this ever-increasing population is the development of new plant and seed varieties that are high-yielding, pest and weather-resistant, and that will mature over a shorter period of time. In order to produce these “miracle” crops, much money has to be spent on research and development. Consequently, the plants or seed so developed are expected to bring in profits for the company, as well as cover the costs of research already sustained. The current intellectual property regime has fully supported the right of the innovator to a monopoly over the innovation. While TRIPS, the World Trade Organisation’s agreement on trade-related intellectual property rights provides a 20 year monopoly for most other inventions, it permits different standards to be used for the protection of plant varieties1. However, it is a fact that new plant and seed varieties2 are far more expensive than their ordinary counterparts, and many farmers in developing countries are unable to afford them. In addition, farmers in developing countries are used to being given access to lowcost (or free) newly developed seeds and plants where the innovator is a state agency. The option of having to pay for plants and seed is therefore, bound to increase production costs unbearably. This study identified the key issues that surround the debate of allowing farming communities to access protected plants and seed, and proposed meaningful steps that would promote sustainable development through equitable benefit-sharing.