Farmers’ Rights and Protection of Traditional Agricultural Knowledge

The CAPRi Program is one of several Inter-Center Initiatives of the CGIAR and aims to promote comparative research on the role played by property and collective action institutions in shaping the efficiency, sustainability, and equity components of natural resource systems. CAPRi Working Papers contain preliminary material and research results, and are circulated prior to a full peer review in order to stimulate discussion and critical comment. It is expected that most Working Papers will eventually be published in some other form, and that their content may also be revised. ABSTRACT Although achieving in situ conservation is possible without changing farmers' customary management of crops as common pool resources, an alternative approach is to negotiate a bioprospecting contract with providers of the resource that involves direct payment and royalties. This bioprospecting mechanism implies a change in the customary treatment of crop genetic resources as common pool goods and is in line with national ownership mandated by the Convention on Biological Diversity (CBD). This paper questions the value of bioprospecting for protecting traditional agricultural knowledge and argues for a common pool approach. It examines the nature of crop genetic resources and farmers' knowledge about them, and it analyzes the nature of the 'common heritage' regime that was partly dismantled by the Convention on Biological Diversity. The paper reviews the implementation of access and benefit sharing schemes under the CBD and discusses programs to recognize Farmers' Rights that have arisen since the establishment of the CBD. It concludes with recommendations for meeting the Farmers' Rights mandate of the International Treaty on Plant Genetic Resources for Food and Agriculture.