Chapter

Farmers' Rights and Proprietary Claims in Agriculture

Rajshree Chandra

in Knowledge as Property

Published in print May 2010 | ISBN: 9780198065579
Published online October 2012 | e-ISBN: 9780199080120 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198065579.003.0007
Farmers' Rights and Proprietary Claims in Agriculture

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This chapter examines the issue of farmers' rights in the context of proprietary claims in agriculture as either patent rights or breeders' rights. It argues that in the case of farmers' rights, the power that the right confers on the farmer ought to determine his capacity and power to sustain his life, not just as survival but as linked with dignity and wellbeing. Rights associated with life and livelihood form a stronger assertion for rights than those based on the principles of autonomy and economic entitlements. A study of the legal proceedings in the Monsanto Co. v. McFarling (USA) case is undertaken to illustrate the conflict between intellectual property rights and farmer's rights, and to draw broader conclusions from it that relate to aspects of human rights and their realization.

Keywords: farmers' rights; patent rights; breeders rights; proprietary claims; livelihood

Chapter.  21742 words. 

Subjects: Intellectual Property Law

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