Intellectual Property Rights in Biotechnology and the Fate of Poor Farmers' Agriculture

The recent revolution in the field of biotechnology has triggered off another round of controversy between the developed countries of the North and the developing countries of the South concerning access to genetic resources and equitable sharing of its benefits. Developed countries assert ownership claims on associated technologies, while developing countries claim ownership of genetic resources. The heart of the matter, however, lies in the application of conflicting conventions and protocols in respect of genetic resources and biotechnology: genetic resources are treated as public goods, while biotechnology is treated as a private good. Developing countries that claim ownership to a large reserve of the earth's pool of genetic resource feel that this exposes them to the exploitative tendencies of multinational corporations (MNCs) that are mainly owned by developed countries of the North. MNCs exploit the advantages as well as the weaknesses in the various conventions increasingly to monopolize the seed and germplasm industry, without due consideration for farmers and developing countries. This paper analyses these developments and proposes that a better regime of benefit sharing that recognizes farmers' or indigenous rights alongside patents and plant breeders' rights will go a long way to introducing a more even playing field that is mutually favourable to both parties.