Staff Publications

Staff Publications

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    'Staff publications' is the digital repository of Wageningen University & Research

    'Staff publications' contains references to publications authored by Wageningen University staff from 1976 onward.

    Publications authored by the staff of the Research Institutes are available from 1995 onwards.

    Full text documents are added when available. The database is updated daily and currently holds about 240,000 items, of which 72,000 in open access.

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Record number 495681
Title Plant Variety Protection Regime in Relation to Relevant International Obligations : Implications for Smallholder Farmers in Kenya
Author(s) Munyi, Peter
Source Journal of World Intellectual Property 18 (2015)1-2. - ISSN 1422-2213 - p. 65 - 85.
DOI http://dx.doi.org/10.1111/jwip.12031
Department(s) Law and Governance
Publication type Refereed Article in a scientific journal
Publication year 2015
Keyword(s) Breeders-rights - Plant varieties - Smallholder farmers
Abstract

Together with other laws affecting agriculture, Kenya's plant varieties protection legislation was radically amended in 2012. The amendments were mainly driven by the quest to comply with international obligations, principally the 1991 UPOV Convention. However, the country is also a contracting party to other international treaties affecting seeds such as the International Treaty on Plant Genetic Resources for Food and Agriculture and the WTO Agreement on Trade Related Aspects of Intellectual Property Rights. Moreover, the national Constitution obligates statutory recognition and protection of the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics, and their use by the communities of Kenya. The obligations deriving from all these international agreements must be fulfilled against a backdrop of farming systems that are predominantly smallholder farmer-based. This article discusses how the amendments in the new Kenya plant variety protection law depart from the former legal regime and analyzes whether the current regime is compliant with international obligations, and the implications for smallholder farmers.

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