Derechos de los agricultores y convenio UPOV/91
The 1991 UPOV agreement extends the content of the breeders’ rights to the harvest product made from it, restricting to minimum the ancient rural usage of selecting, cleaning, conserving, re-sowing, changing, interchanging and selling seeds in the local market. This has real social consequences that...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5610003 |
| Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 21, 2016 (Ejemplar dedicado a: Enero-Junio), pags. 139-171 |
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| Summary: |
The 1991 UPOV agreement extends the content of the breeders’ rights to the harvest product made from it, restricting to minimum the ancient rural usage of selecting, cleaning, conserving, re-sowing, changing, interchanging and selling seeds in the local market. This has real social consequences that jeopardize not only the rural economy, but also endangers alimentary safety and sovereignty. Article 27.3, paragraph b) of the trips ignores the CBD and ITPGRFA dispositions and other international instruments of the same or even superior hierarchy. Article 26 of Decision 345,1993, which only forbids the farmers’ privilege and the immemorial usages of the rural communities on plants species or asexual reproduction varieties, is has not been applied by Colombian authorities. The “facultative exception” that predicts the UPOV/91 version, it is true, purely symbolic. The 2001 INDIA’s law is an alternative that conciliates the plant breeders and the farmer’s rights as well as it recognizes the plant-improvement carry out by the indigenous or native and rural communities. |
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