ITPGRInternational Treaty on Plant Genetic Resources for Food and Agriculture (also seen as ITPGRFA)
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Article 9.2 of the ITPGR leaves the task of implementing Farmers' Rights to national governments.
National governments have significant discretion under the ITPGR. The treaty governing body will control equitable sharing of benefits of the multilateral system, (244) but national governments then decide whether and how to distribute benefits in their countries.
it does not restrict the options that may be adopted by national governments in that regard." The difficulty with this "compromise" is the fact that most States Parties to the ITPGR are parties to the TRIPS agreement, which clearly does not allow saving, using, exchanging, and selling farm-saved seed that is covered by IPRs.
Because the ITPGR is the main instrument that recognizes and enumerates Farmers' Rights, it is the guiding document for implementing Farmers' Rights internationally.
Parties to the ITPGR make their own decisions through national legislation about how to protect PGR cultivated by local and indigenous communities.
Legislation from India and Zambia illustrate two ITPGR States Parties' methods of protecting Farmers' Rights.
Realizing Farmers' Rights globally will not be an easy task--the ITPGR language describing Farmers' Rights is ambiguous; powerful nations, like the United States, have signed, but not ratified, the ITPGR; (275) and the WTO threatens nations that violate TRIPS with the possibility of dispute settlement proceedings.
The ITPGR leaves states to create their own methods of protecting Farmers' Rights and TRIPS leaves the choice of how to implement IPRs over PGR to member countries.
(279) She also suggests creating a separate fund that would be managed by the national government, paid into through the ITPGR's multilateral system, and used to develop programs to allow "access to plant diversity, conservation measures, participatory breeding, strengthening of farmers' seed systems, enhanced utilization of plant varieties and market access." (280)
The ITPGR Governing Body could easily fill this role.
Clearly the adoption of the ITPGR was not sufficient to create meaningful realization of Farmers' Rights internationally.
(asserting that the ITPGR is a reaction to IPRs over PGR).