The Protection Study Of Farmers'rights In International Law

With the rapid development of biotechnology, great value of genetic resources has been reflected, and the international community deepens the study of biological and genetic resources. In the study, the county found that farmers' rights become the problem which can not be avoided. The concept of farmers'rights, first in the international FAO5/89raised in the paper, then in the International Treaty on Plant Genetic Resources for Food and Agriculture was formalized, and was widely accepted by the international community. The proposition of farmers' rights is based on the fact that the right of farmers of all regions of the world is absent, who made the enormous contribution on the conservation and development of plant genetic resources. Breeders in developed countries enjoying the benefits arising from the use of plant genetic resources, but it's difficult to share these benefits for the farmers in developing countries who are providers of genetic resources, therefore, the proposition of farmers' rights is the traditional farmers in developing countries asking to share the benefits from the using plant genetic resources.Farmers' rights problem which mainly involves the protection of traditional knowledge relevant to plant genetic resources for food and agriculture and benefit-sharing is currently focus among developing countries and developed countries. Because of it involving the protection of traditional knowledge relevant to plant genetic resources for food and agriculture and benefit-sharing, farmers' rights need defining the property. With the development of biotechnology and the new plant varieties being established, western countries become the biggest beneficiaries which rely on advanced technology in constantly strengthening intellectual property rights. Developing countries emphasize the farmers' rights, in order to reasonably share the benefits from the using plant genetic resources, while developed countries don't want to see existence of farmers' rights a kind of intellectual property rights, therefore, they only recognize farmers' rights are moral and political rights, and mix the farmers' rights and farmers'privilege. Definition of the farmers'rights given by FAO doesn't define the property of farmers'rights, so the farmers'rights debate continues.Farmers'rights problem not only involves the definition of their own property, more critical is the share of the benefits from the using plant genetic resources, so we need to protect the farmers'rights. Protection of farmers' rights includes two parts, one for international protection, the second for the national protection. From the history of the development of farmers'rights, we can see, unlike other legal issues. Other legal problem began to be adjusted by domestic law and then was adjusted by international law, so I called it "from inside to outside". From the history of the development of farmers'rights, we can see, farmers'rights are birth from international law, and then are accepted by the states, belong to "from outside to inside". So the study under the view of international law is essential. International protection is mainly reflected in international conventions, international organizations protecting the farmers'rights. This paper analyzes the protection of farmers'rights under the ITPGR, CBD, UPOV, WTO, WIPO, etc.China has a vast, wide area, complex and diverse natural conditions, combined with very ancient geological history, and carries an extremely rich plant, animal and microbial species, and the ecological extremely complicated combination, so China becomes one of the most biodiversity-rich countries. As a civilization having long history, China accumulated a wealth of traditional knowledge, innovations and practices of agricultural production in thousands of years. But while the phenomenon of loss of genetic resources is very serious in China, the protection of farmers'rights are still at an initial stage which can't effectively protect our interests. Other states have begun to make special provisions. Although not all countries have carried out a special legislation because of not long time, but from the trend point, the protection from domestic law is extremely necessary, as it is confirmation and refinement for the international convention.Consequently, this paper suggests that the government on the one hand carries out a special legislation to protect farmers'rights, rather than an amendment, and the special protection is necessary to allow farmers to fully participate by farmers'groups; on the other hand, actively joins the international conventions protecting farmers'rights to protect our interest and share technology, the benefits by the multilateral system.