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Knowledge as PropertyIssues in the Moral Grounding of Intellectual Property Rights$
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Rajshree Chandra

Print publication date: 2010

Print ISBN-13: 9780198065579

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780198065579.001.0001

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Farmers' Rights and Proprietary Claims in Agriculture

Farmers' Rights and Proprietary Claims in Agriculture

Chapter:
(p.230) 7 Farmers' Rights and Proprietary Claims in Agriculture
Source:
Knowledge as Property
Author(s):

Rajshree Chandra

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198065579.003.0007

This chapter examines the issue of farmers' rights in the context of proprietary claims in agriculture as either patent rights or breeders' rights. It argues that in the case of farmers' rights, the power that the right confers on the farmer ought to determine his capacity and power to sustain his life, not just as survival but as linked with dignity and wellbeing. Rights associated with life and livelihood form a stronger assertion for rights than those based on the principles of autonomy and economic entitlements. A study of the legal proceedings in the Monsanto Co. v. McFarling (USA) case is undertaken to illustrate the conflict between intellectual property rights and farmer's rights, and to draw broader conclusions from it that relate to aspects of human rights and their realization.

Keywords:   farmers' rights, patent rights, breeders rights, proprietary claims, livelihood

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