:: Community, Farmers' and Breeding rights in Africa

This paper analyses international and Kenyan legal frameworks for the protection of biodiversity and plant varieties. It looks at TRIPS and the CBD in terms of their coverage, synergies and recent developments. The paper seeks to identify cross-cutting issues and trends pertinent to the protection and enforcement of community, farmers' and breeders' rights through suis generis systems. It argues that laes protecting biodiversity in general and plant varieties in particular are steeped in favour of individual property rights not suited to protecting those of the community.