Breeding Apples for Oranges: Africa's Misplaced Priority Over Plant Breeders' Rights

Abstract

In 2000, African countries expressed reservation over the adoption of UPOV Act of 1991 as a model of plant breeders’ rights (PBRs) for TRIPS- compliance. For the continent, an acceptable system of PBRs protection would include the protection of the “rights of communities and their indigenous knowledge, as well as the rights of farmers and fishermen, and their innovations, technologies and practices”. One and half decades after, Africa has virtually reversed itself and embraced the UPOV-PBRs system notwithstanding the latter’s narrow focus on breeders and marginal reference to farmers. This Article critically explores the concerted sites of pressures, especially free trade and economic partnership agreements, and related policies through which Africa appears to have capitulated and upturned its policy position on PBRs. The continent’s present priority over the implementation of PBRs through various regional and national legal initiatives currently at the instance of African Intellectual Property Organization (OAPI), the African Regional Intellectual Property Organization (ARIPO), the Southern African Economic Community (SADC) and specific country initiatives are explored. The article highlights the basis for the incongruity of Africa’s newfound interest in the UPOV-PBRs system – a regime not designed for the farmer-centered tenor of African agriculture. It calls attention to the continued relevance of Africa’s 2000 Model Law, especially as it applies to PBRs and recommends reality assessment as an important step toward the formulation of IPRs system suited for stakeholders in African agriculture for the continent’s food security and food sovereignty.

Keywords: Africa, Plant Breeders' Rights, Farmers' Rights, AU, ARIPO, OAPI, SADC, AGOA, EU-EPA, UPOV, TRIPS, Uganda, Tanzania, Ghana, Kenya