A Comparative Research Of International Law On Farmers’ Rights

This paper first introduces the concept of farmers’ rights,and introduces the significance and reasons of farmers’ rights.Developed countries plunder the rich genetic resources of developing countries for a long time,research and develop new varieties,and then sell them to emerging market countries to obtain huge profits.Developing countries get nothing in return and have to pay high patent fees for the use of new varieties.Traditional farmers have made great contributions to the protection and cultivation of genetic resources,Developing countries put forward the concept of farmers’ rights to fight against the ever expanding intellectual property rights of developed countries,and also to ensure the diversity and sustainable utilization of genetic resources on this beautiful blue planet.With the continuous awakening of the importance of intellectual property system in developing countries,the necessity of farmers’ rights has been recognized by more and more countries,and recognized by international treaties.This paper then introduces the international treaties related to farmers’ rights,and discusses the definition and protection of farmers’ rights in each international treaty.This part is one of the important contents of this paper.This paper introduces four international treaties related to farmers’ Rights: Convention on biological diversity,international treaty on plant genetic resources for food and agriculture,Bonn guidelines and agreement on trade related intellectual property rights.This paper analyzes the relevant provisions of each international treaty and the significance of this provision to the establishment of farmers’ rights.This paper introduces the definition,protection measures and protection degree of farmers’ rights in various treaties,and deeply analyzes the shortcomings.This paper then analyzes the nature of farmers’ rights,as well as the lack of their own theory of farmers’ rights,the realization of farmers’ rights is facing many difficulties,including the external difficulties of developed countries vigorously denying farmers’ rights and the internal difficulties of the limitations of farmers’ rights theory itself.Therefore,the author thinks that first of all,the theory of farmers’ rights should be clearly combed and analyzed.First,the author thinks that farmers’ rights should be a kind of intellectual property rights,rather than moral rights and political rights mentioned by western countries.Second,in order to protect farmers’ rights more effectively and conveniently,the author thinks that both the state and the community farmers can be set as the subject of farmers’ rights,the state as the legal subject of farmers’ rights,and the community farmers as the factual subject of farmers’ rights.The State shall exercise legal rights on behalf of the farmers in the community.The object of farmer’s right includes plant genetic resources in original habitat and non original habitat.With the further development of biotechnology and social practice,the object of farmers’ rights may also be extended to animal genetic resources.As a legal right,the content of farmers’ rights includes rights and obligations.As a kind of intellectual property rights,farmers’ rights are prior rights and participate in the benefit sharing of subsequent patent rights.As the factual subject of farmers’ rights,the community farmers,as well as the legal subject of farmers’ rights,have different rights and obligations.This paper then discusses the feasible methods to protect farmers’ rights under the international background.Scholars have summed up three models to protect farmers’ rights,including: 1.Pure public model;2.Pure private model;3.Open source licensing model.Comparatively speaking,the third mode,open source licensing mode,is most similar to genetic resources.This paper explores this mode and analyzes its feasibility in China.Finally,this paper analyzes the current situation and shortcomings of the protection of farmers’ rights in China,and explores the feasibility of the open source license protection mode in China.It is a wise move to use this mode to realize the farmers’ rights.