ABSTRACT

In the 1980s, as the notion that plants should be conceived as objects of intellectual property spread around the world, various concerns had been mounting the state of global biodiversity. Concerns about genetic erosion and over how to manage plant collection, conservation, and exchange inspired the convening of a series of technical meetings and conferences under the auspices of the United Nations Food and Agricultural Organization beginning in 1961. The Convention on Biological Diversity was a significant milestone in international lawmaking. The benefit sharing objective of the Plant Treaty was intended to be fulfilled by granting three enumerated “farmers’ rights.” These included the protection of traditional knowledge related to plant genetic resources for food and agriculture; the guarantee of equitable participation in any benefits arising from the utilisation of these resources by third parties; and the right to participate in national-level decision making in matters related to the conservation and sustainable use of plant genetic resources for food and agriculture.