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Farmers Rights - Farmers rights is a concept, which has been developed and adopted in FAO (Food and Agriculture Organization) as a resolution and endorsed by all member countries, It recognizes the fact that farmers and rural communities have greatly contributed to the creation, conservation, exchange and knowledge for the utilization of genetic diversity.

Therefore, it is the obligation of world community to help these farmers to carry out this task and also help them in utilizing the genetic diversity available with them, No intellectual property system or any other mechanism exists for compensation or reward to the farmers for this work, Efforts, therefore, have been made to give a concrete legal form to these farmers rights.

In a document published inl1J89 (RAFI = Rural Advancement Fund International Farmers rights), it is suggested that a tax should be payable on commercialized biological material derived from developing countries, but used in developed countries. Automatic patenting rights, based on material derived from developing countries, are also suggested,

This is an interesting situation, since most accessions in gene banks arc primitive cultivars or land races from farmers in developing countries, who will have to be paid royalty, The idea of informal innovation eligible for farmers rights is based on the following:

(i) farmers land races, plants (used for medicinal purposes and other biological products), processes and innovations are the result of human ingenuity and represented immediate inventions;

(ii) most of these inventions arise from informal efforts, which are purposeful and creative;

(iii) collectors gather present day improved germplasm and the knowledge about its breeding and discovery, These aspects in reaction, to farmers rights arc not covered under TRIPS within the GATT negotiations.