The African Journal of Information and Communication (AJIC)

Permanent URI for this communityhttps://wiredspace.wits.ac.za/handle/10539/19251

The African Journal of Information and Communication (AJIC) is an academic journal published by the LINK Centre, School of Literature, Language and Media (SLLM), Faculty of Humanities, University of the Witwatersrand, Johannesburg. Accredited by the South African Department of Higher Education and Training (DHET), AJIC is an interdisciplinary, open access journal concerned with Africa’s participation in the information society and digital network economy. The journal does not impose author processing charges. AJIC's predecessor, The Southern African Journal of Information and Communication (SAJIC), was published from 2000 to 2008, before becoming AJIC in 2010.

Corresponding Editor: Lucienne Abrahams. AJIC Submissions

ISSN: 2077-7213 (online version)

ISSN: 2077-7205 (print version)

DOI: https://doi.org/10.23962/10539/19251

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Start date: 2015Subject: search.filters.subject.breeders’ rights

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    Farmers’ and Breeders’ Rights: Bridging Access to, and IP Protection of, Plant Varieties in Africa
    (2015-12-15) Munyi, Peter; De Jonge, Bram
    Studies in Africa have shown that saving, using, exchanging and selling farm-saved seed is the main channel through which farmers access seed and planting material. Moreover, these saving and related practices are recognised in international law, mainly through the International Treaty on Plant Genetic Resources for Food and Agriculture (Plant Treaty), which many African countries have ratified. These practices are also recognised by, inter alia, obligations at the national level to protect traditional knowledge relevant to seeds and planting material. The standard being employed in developing plant variety protection (PVP) mechanisms in Africa, as with elsewhere in the world, is the 1991 revision of the Convention of the International Union for the Protection of New Varieties of Plants (UPOV, 1991). This Convention has, since its inception, been developed with reference to developed-world farming practices. This article looks at how farmers’ rights are enshrined in Africa’s legal frameworks, and the extent to which the current process of developing regional PVP systems on the continent is taking farmers’ rights into account. The article then makes recommendations on how a balance can be struck between farmers’ and breeders’ rights, while still complying with the UPOV 1991 framework.