Plant Variety Rights in the International Law of Intellectual Property. a Law & Economics Approach

Abstract: Intellectual protection of plant varieties is a subject of intense debate and has recently been at the forefront of environmental degradation and the need to protect biodiversity. In this context, the role of the different actors involved in plant breeding has been emphasized by broadening the debate to the divergent interests of commercial breeders and farmers. The intellectual protection of plant varieties bred by commercial breeders has gradually limited the traditional farming practice of saving, resowing and exchanging seed. Against this background, this paper purports to analyze the incentives of the parties involved in the plant variety market as shaped by the change of the legal framework. Among various considerations it is argued that intellectual protection raised issues of biodiversity conservation. As a consequence, farming activities passed from being the main source of food production to the depositary of biodiversity conservation.