Abstract

VARGAS-CHAVES, IVÁN. The 1991 Act of the UPOV Convention and the Fight for Seeds: The Resistance of Judicial and Legislative Activism. Rev. Derecho [online]. 2025, n.63, pp.178-200.  Epub Apr 20, 2025. ISSN 0121-8697.  https://doi.org/10.14482/dere.63.510.363.

The objective of this paper is to study the resistance against the agricultural and food privatization promoted by the 1991 Act of the UPOV Convention. This Act promotes a regime for plant varieties that violate food sovereignty and security, among other rights. The paper places special emphasis on the countries of the economic south, such as Colombia and India. The methodology is deductive and hermeneutic, from a documentary analysis supported by a systematic interpretation. As a results, the paper concludes that the dynamics of agri-food hoarding is a logical consequence of the privatization of the countryside, and therefore requires an organized process of vindication that includes some elements that are extracted from the cases analyzed. In this way, it will be possible to propose a model of development that is aware of the realities of the peasantry and ethnic groups.

Keywords : Plant varieties; judicial activism; legislative activism; seeds; food sovereignty; UPOV.

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