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Cleveland,
David A. and Stephen C. Murray (1997) The World's Crop Genetic Resources
and the Rights of Indigenous Farmers. Current Anthropology 38(4):477-515.
ABSTRACT
Farmer or folk crop varieties developed over many generations by indigenous
farmers are an important component of global crop genetic resources for
use by both industrial and indigenous agriculture. Currently there is
a debate between advocates of indigenous farmers' rights in their folk
varieties and the dominant world system which vests intellectual property
rights (IPRs) to crop genetic resources only in industrial nation users
of those resources, e.g. plant breeders and corporations. While indigenous
peoples at the individual and group levels do have a broad range of IPRs
in their folk varieties, they define and use them differently than does
the industrial world. Therefore, industrial world IPR mechanisms are generally
inappropriate for protecting the IPRs of indigenous farmers, but some
could be used effectively. To meet indigenous farmers' need for protection,
new approaches are being developed that embed indigenous farmers' rights
in folk varieties in cultural, human, and environmental rights. More research
on the cultural, social and agronomic roles of folk varieties, ongoing
negotiation of the meaning of key concepts such as "crop genetic
resources," "rights," and "indigenous," and an
emphasis on a common goal of sustainability will help to resolve the debate.
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