ABSTRACT
This chapter explores the emergence of the concept of fair and equitable benefit-sharing in the context of the evolving principles of governance of agricultural biodiversity, and analyses the structure and application of the Multilateral System of access and benefit-sharing established by the International Treaty on Plant Genetic Resources for Food and Agriculture in the framework of intellectual property- and human rights-related processes. Fair and equitable benefit-sharing is conceptualized in three ways: as a defensive tool to balance the injustices enshrined in the intellectual property rights system; as a development tool to reap part of the benefits of the emerging biodiversity market; and as an incentive, to reward and enable farmers’ continued contribution to conservation. The chapter aims to assess the potential of the concept in operationalizing fairness and equity in agricultural research and development, in an increasingly complex legal and policy landscape of conflicting objectives, rights and policies. To illustrate such complexities, a case study is explored: the case of patent applications submitted by the International Rice Research Institute on breeding methods associated with a rice gene isolated in an Indonesian farmers’ variety.
