The relationship between intellectual property (IP) and small-scale farmer innovation is far from straightforward. The majority of innovation in agriculture is not driven by the promise of exclusionary rights that some IP tools afford — it takes place on the farm and is a collaborative and incremental process, the outcomes of which cannot be attributed to individual rights holders.

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.

On the other hand, IP tools that are more conventionally believed to incentivise 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 for national and global food security when developing national food security strategies, and take advantage of the flexibilities allowed under the WTO TRIPS Agreement when implementing IP legislation that reflects the realities of domestic agricultural sectors.