This paper contributes to our understanding of how various intellectual property tools may affect small-scale farmers’ livelihoods, incentives to conserve agricultural biodiversity and recognize and reward farmers for their innovative capacity.
The relationship between intellectual property (IP) and small-scale farmer innovation is far from straightforward. The majority of innovation in agriculture has always and continues to happen on the farm, in a collaborative and incremental process — the outcomes of which cannot easily be attributed to individual rights holders. It is not driven by the promise of exclusionary rights that some IP tools afford. However some IP tools – when carefully selected and adapted to suit domestic circumstances – may have the potential to help drive small-scale farmer innovation or, at minimum, allow the space for it to occur unimpeded.
This paper discusses how alternative or sui generis plant variety protection systems, collective and certification trademarks, and geographical indications may encourage on-farm innovation; and how IP tools that are more conventionally believed to incentivize innovation in agriculture (i.e. patents, UPOV-style plant variety protection systems and less commonly, trade secrets) have the potential to impede on-farm innovation.
Policy makers at the national level should take into account the value of small-scale farmer innovation when developing national IP legislation to meet international obligations.

