지적재산권으로서의 농부권 보호와 종자주권

Gene-rich countries' protection of traditional knowledge and farmers' rights has been the international tendency. This is important for CBD, PGR Treaty and food sovereignty. Even in gene-poor countries, such as developed countries, farmers are authorized to use for propagating purposes in the field, on their own holding the product of the harvest which they have obtained by planting, on their own holding, propagating material of a variety. However, we do not have such systems for farmers' right protection. We need to consider some legal systems like others in order to protect farmers' right and seed sovereignty. Firstly, in-situ conservation method is prepared in Seed Industry Act and Agricultural Genetic Resource act for conservation of traditional knowledge and promotion of biodiversity. Secondly, farmers' right is legally guaranteed for seed preservation and conservation. Thirdly, the value of traditional seed is recognized as not only genetic resource but also seed itself because seed is essential element for food sovereignty. Lastly, IP system on seed as living organism is reexamined. IP does not mean only patent or breeder's right but farmers' right and traditional knowledge. For example, we can consider open source seed model in seed like software.