A Critical Examination of Breeders’ Monopoly Rights to the Detriment of Farmers’ Rights Under the Ethiopian Plant Breeders’ Rights Law
Journal: Open Journal for Legal Studies (Vol.4, No. 1)Publication Date: 2021-07-01
Authors : Temesgen Abebe Degu;
Page : 19-30
Keywords : breeders’ rights; farmers’ rights; IPRs; monopoly rights; patent;
Abstract
Ethiopia adopted plant breeders' rights proclamation in 2006 to provide recognition and economic reward for breeders for their effort and investment so as to encourage their involvement in the sector. At the same time, the proclamation aims to ensure that the farming and pastoral communities of Ethiopia, who have been conserving and continue to do so in the future the agro-biodiversity resource used to develop new plant varieties, continue to their centuries old customary practice of use and exchange of seed. This article aims at investigating the extent to which the proclamation accommodates its stated objective by giving adequate recognition to farmers' rights. The investigation adopts a qualitative method by analyzing both primary materials and secondary sources. The article concludes that the Ethiopian plant breeders' rights proclamation fails to adequately incorporate farmers' rights beyond its preamble.
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