Searching for a Balance: Realisation of Farmers' Rights in Sri Lanka: A Case Study on Ownership and Stewardship

摘要

This article identifies the kind of legal approaches to plant variety protection conducive to the sustainability of small farms and local environments. Sri Lanka makes an intriguing case study because, coming out of civil war, it is still considering those approaches, even though it is already subject to WTO intellectual property agreements and other international treaties. Comparing ownership with stewardship approaches, the article critiques that the ownership approach based on IP rights preferred by developed countries like Australia is inadequate to Sri Lanka and a stewardship which is a non-IP system is more suited to Sri Lanka considering the subsistence agricultural economy. The findings provide insight for any country with significant agricultural resources and communities. Sri Lanka s success is also of interest to its neighbours in the region.