PATENTS AND

FARMERS RIGHT

Reporter: Sunio, Francine Keith L. BSA

1
 Republic of the Philippines
ILOILO STATE UNIVERSITY OF FISHERIES SCIENCE AND TECHNOLOGY
COLLEGE OF AGRICULTURE
San Enrique, Iloilo | Email: [email protected]
Website: www.iscof.edu.ph | Contact No: (033) 327-3405

PATENTS AND FARMERS RIGHT

Reporter: Sunio, Francine Keith L. BSA 1

I. Introduction

A. Patents and farmers' rights are integral components of the legal landscape in agriculture,
shaping the dynamics of innovation, protection, and sustainability.

B. Understanding the legal aspects in agriculture is crucial for fostering innovation, ensuring fair
compensation, and maintaining a delicate balance between the interests of farmers and patent
holders.

II. Patents

A. A patent is a legal right granted to inventors, providing exclusive rights to their inventions
for a limited period. In agriculture, this often includes novel plant varieties, genetic
modifications, or innovative farming processes.

B. Key Elements of a Patent: Patents typically involve novelty, inventive step, and industrial
applicability. They grant inventors exclusive rights, preventing others from using, making, or
selling the patented invention without permission.

C. Impact on Agricultural Innovation: Patents serve as incentives for agricultural innovation by

offering protection and potential economic benefits. However, concerns arise regarding
access to patented technologies, especially for small-scale farmers.

III. Farmers' Rights

A. Farmers' rights encompass the traditional rights of farmers to save, use, exchange, and sell
farm-saved seeds. Recognizing and protecting these rights is essential for maintaining
agricultural biodiversity and safeguarding the livelihoods of farmers.

B. Key Components of Farmers' Rights: These rights include protection against the unauthorized
use of farmers' varieties, fair and equitable benefit-sharing, and participation in decision-making
processes related to plant genetic resources.
 Republic of the Philippines
ILOILO STATE UNIVERSITY OF FISHERIES SCIENCE AND TECHNOLOGY
COLLEGE OF AGRICULTURE
San Enrique, Iloilo | Email: [email protected]
Website: www.iscof.edu.ph | Contact No: (033) 327-3405

IV. RA 7607

A. Introduction to Republic Act 7607: RA 7607, also known as the "The Magna Carta of Small
Farmers," is a Philippine law aimed at promoting the welfare of small farmers and ensuring the
protection of plant varieties. It is the declared policy of the State to give the highest priority to
the development of agriculture such that equitable distribution of benefits and opportunities is
realized through the empowerment of small farmers. While the State recognizes the fact that
the welfare and development of the small farmers is their primordial responsibility, the State
shall provide the necessary support mechanism towards the attainment of their socioeconomic
endeavors.

B. Functions of RA 7607:

1. Protection of Plant Varieties: RA 7607 provides a framework for the protection of new plant
varieties, encouraging the development of diverse and locally adapted crops.

2. Promotion of Farmers' Rights: The law explicitly recognizes and promotes the rights of
farmers, emphasizing their crucial role in sustainable agriculture.

Sec. 8. of RA 7607: Farmers' Rights. – The farmers have the right to:

(1) Conduct their activities in an atmosphere guaranteed by a support price program for certain
agricultural commodities such as rice and corn;

(2) Participate in a market free from monopoly, cartel or any other situation which may suppress
prices to their disadvantage;

(3) Be covered by social security to serve as protection from event such as calamities, death,
sickness and disability;

(4) Avail of credit at minimal interest rates and with a minimum of collateral requirements for
their farm and basic household needs;

(5) Avail of and distribute farm inputs and services;

(6) Be heard and represented in the Government;

 Republic of the Philippines
ILOILO STATE UNIVERSITY OF FISHERIES SCIENCE AND TECHNOLOGY
COLLEGE OF AGRICULTURE
San Enrique, Iloilo | Email: [email protected]
Website: www.iscof.edu.ph | Contact No: (033) 327-3405

(7) Be regularly informed of such vital information as market prices, government agricultural
policies, market demands and farming practices;

(8) Benefit from our country's natural resources under existing laws;

(9) Pursue any appropriate education and skills development towards the improvement of the
quality of life;

(10) Eventually assume certain processing and marketing functions of government agencies; and

(11) Avail of technical assistance from the appropriate government agency in the preparation of
project feasibility studies in availing loans and other forms of government economic assistance.

Sec. 9. of RA 7607: Farmers' Obligations. – The farmers shall:

(1) Make use of their farmers' organizations preferably cooperatives in order to enhance their
capabilities in production, processing, marketing and financing towards self-reliance;

(2) Aim for increased productivity through the use of recommended farm practices and quality
inputs;

(3) Comply with the terms and conditions stipulated in the availment of any form of assistance
from the Government, financial institutions and nongovernment organizations to enable others
to usually benefit from such assistance;

(4) Adopt production and marketing strategies to avail of economies of scale, soil and climatic
conditions, idle farm labor and innovative agricultural technology through crop zonification,
diversification, home and backyard industries, farming systems and similar activities;

(5) Through their cooperative, share with the consuming public the benefits derived from
economies of scale, integration of processing and marketing activities and the application of
better technology in the form of reasonable prices and superior quality of products;

(6) Share in the delivery of public services by contributing available labor and material resources
to activities such as the maintenance of irrigation canals, the construction of small water
impounding projects, the establishment of buying stations and public markets, and the
establishment of plant nurseries and seed-banks;
 Republic of the Philippines
ILOILO STATE UNIVERSITY OF FISHERIES SCIENCE AND TECHNOLOGY
COLLEGE OF AGRICULTURE
San Enrique, Iloilo | Email: [email protected]
Website: www.iscof.edu.ph | Contact No: (033) 327-3405

(7) Exert efforts to meet local demand requirements to avert any shortage that may necessitate
importation;

(8) Participate in the conservation, protection and development of the national patrimony;

(9) Promptly pay all applicable fees, license fees and taxes to the appropriate government
agencies;

(10) Participate in and contribute to government insurance and social security programs; and

(11) Undertake self-help community development projects such as cottage industries, backyard
farming and other economic-enhancement projects.

Importance of RA 7607: In the context of agricultural development, RA 7607 establishes a

foundation for the equitable distribution of benefits, fostering a more inclusive and
sustainable agricultural sector.

V. Case Studies

Case Study 1: Golden Rice

Background:

In the early 2000s, Golden Rice, a genetically modified rice variety enriched with beta-carotene,
was developed as a potential solution to address vitamin A deficiency in developing countries,
including the Philippines.

Patents and Innovation:

Golden Rice was developed through biotechnology, and its developers secured patents for the
genetic modifications. This raised concerns among farmers and activists, as the patented nature
of Golden Rice could potentially limit farmers' ability to save and exchange seeds, a practice
deeply embedded in Filipino agricultural traditions.
 Republic of the Philippines
ILOILO STATE UNIVERSITY OF FISHERIES SCIENCE AND TECHNOLOGY
COLLEGE OF AGRICULTURE
San Enrique, Iloilo | Email: [email protected]
Website: www.iscof.edu.ph | Contact No: (033) 327-3405

Farmers' Rights Perspective:

Advocates for farmers' rights argued that the exclusive patent rights might hinder small-scale
farmers' access to Golden Rice. They emphasized the importance of ensuring that the
technology benefits farmers, especially those facing nutritional challenges.

Resolution:

In response to these concerns, the developers of Golden Rice adopted a unique approach. They
pledged to provide the technology to resource-poor farmers royalty-free, allowing them to save
and replant seeds. This compromise aimed to balance the need for innovation with the
preservation of farmers' rights.

Case Study 2: Indigenous Crop Varieties and Traditional Knowledge

Background: Indigenous communities in the Philippines often cultivate unique crop varieties
adapted to local environments, preserving traditional agricultural knowledge.

Patents and Farmers' Rights Dynamics: As commercial interest in these indigenous varieties
grows, there's a risk of biopiracy—unauthorized commercial use of traditional knowledge.
Balancing the rights of indigenous farmers to their unique crops while preventing exploitation
becomes a challenge.

RA 7607 Relevance: RA 7607 serves as a protective measure for indigenous farmers, recognizing
and safeguarding their traditional rights. It ensures that the benefits derived from the
commercialization of these crops are equitably shared with the farmers who have preserved and
developed them.

VI. Conclusion

In navigating the intricate terrain of patents and farmers' rights in the Philippines, it is evident
that the delicate balance between fostering agricultural innovation and safeguarding the
livelihoods of small-scale farmers requires a nuanced and comprehensive legal framework. The
case studies presented underscore the real-world implications of this balance, ranging from
access to genetically modified crops to the preservation of indigenous knowledge and traditional
farming practices.
 Republic of the Philippines
ILOILO STATE UNIVERSITY OF FISHERIES SCIENCE AND TECHNOLOGY
COLLEGE OF AGRICULTURE
San Enrique, Iloilo | Email: [email protected]
Website: www.iscof.edu.ph | Contact No: (033) 327-3405

Republic Act 7607 emerges as a pivotal instrument in this landscape, providing a roadmap for
equitable agricultural development. It not only addresses the challenges posed by patents but
also champions the rights of Filipino farmers, ensuring they are active participants in the
innovation process. As we advocate for technological advancements, we must remain vigilant in
upholding the principles embedded in RA 7607, promoting a harmonious coexistence where
innovation thrives, and the rights of farmers are zealously protected.

The synergy between patents and farmers' rights in the Philippines is not merely a legal
conundrum but a dynamic interplay that shapes the trajectory of our agricultural landscape.
Striking the right balance is not just a legal imperative; it is a commitment to sustainable and
inclusive progress in our nation's vital sector.