PATENTS AND

FARMERS
RIGHTS

PRESENTED BY: FRANCINE KEITH SUNIO BSA 1

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.
 PATENTS

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.

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.
FARMERS’ RIGHTS
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.

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.
 RA 7607
"The Magna Carta of Small Farmers"

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.

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;

SEC. 8. OF RA 7607: FARMERS' RIGHTS. –
THE FARMERS HAVE THE RIGHT TO:
(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;
SEC. 9. OF RA 7607: FARMERS' OBLIGATIONS. –
THE FARMERS SHALL:
(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;

(7) Exert efforts to meet local demand requirements to avert any shortage that may necessitate importation;
SEC. 9. OF RA 7607: FARMERS' OBLIGATIONS. –
THE FARMERS SHALL:
(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.
 CASE STUDIES
Study 1: Golden Rice
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.

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.
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.
 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 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.
“FARMERS RIGHT ARE
HUMAN RIGHTS; THE
RIGHT TO FOOD IS THE
RIGHT TO LIVE.”

Thank you for your attention!