ABSTRACT

The joint challenges of population increase, food security and conservation of agrobiodiversity demand a rethink of plant breeding and agricultural research from a different perspective. While more food is undeniably needed, the key question is rather about how to produce it in a way that sustains biological diversity and mitigates climate change.

This book shows how social sciences, and more especially law, can contribute towards reconfiguring current legal frameworks in order to achieving a better balance between the necessary requirements of agricultural innovation and the need for protection of agrobiodiversity. On the assumption that the concept of property can be rethought against the background of the 'right to include', so as to endow others with a common 'right to access' genetic resources, several international instruments and contractual arrangements drawn from the plant-breeding field (including the Convention on Biological Diversity, technology exchange clearing houses and open sources licenses) receive special consideration. In addition, the authors explore the tension between ownership and the free circulation and exchange of germplasm and issues such as genetic resources managed by local and indigenous communities, the ITPGRFA and participatory plant-breeding programmes.

As a whole, the book demonstrates the relevance of the 'Commons' for plant breeding and agricultural innovation.

chapter |20 pages

Introduction

Commoning the seeds: the future of agrobiodiversity and food security

chapter 1|18 pages

Farmers, innovation and intellectual property

Current trends and their consequences for food security

part I|68 pages

Access, benefit-sharing and licensing

chapter 2|20 pages

Beyond access and benefit-sharing

Lessons from the emergence and application of the principle of fair and equitable benefit-sharing in agrobiodiversity governance

chapter 3|13 pages

Patents and benefit sharing

What can we learn from the Quassia amara lawsuit? What is the problem? 1

chapter 4|14 pages

Open sesame

Open source and crops

chapter 5|19 pages

Creating universal and sustainable access to plants and seeds

The role of clearinghouses, open source licenses, and inclusive patents

part II|38 pages

Theoretical frameworks

part III|50 pages

The struggle for the recovery of the shrinking bio-commons

part V|35 pages

Thinking global

chapter 16|17 pages

The benefit-sharing mechanisms under the International Treaty

Heterogeneity and equity in global resources management

chapter 17|18 pages

Planting the commons

Towards redesigning an equitable global seed exchange 1