发达国家利用其先进的技术和雄厚的资金优势,无偿地利用主要来自发展中国家的植物遗传资源和相关传统知识,大量培育植物新品种、开发药物,获取了巨大的经济利益。而发展中国家不但无法分享其中利益,还受到发达国家在知识产权层面的限制。为了缓解发达国家与发展国家在此层面上利益的极度不平等,广大发展中国家提出了“农民权”来对抗发达中国家。但“农民权”却存在诸多争议之处。所以必须对“农民权”的性质、主体、客体、内容进行明确,这样才能使得农民权早日成为一种知识产权而受到保护。 Developed countries, using their advanced technology and abundant capital resources, gratuitously utilize plant genetic resources and related traditional knowledge, mainly from developing countries, to cultivate new varieties of plants, develop drugs and obtain huge economic benefits. Not only are developing countries unable to share their interests, but they are also restricted by developed countries at the intellectual property level. In order to ease the extremely unequal interests of developed and developing countries at this level, most developing countries put forward “peasant rights” to fight against the developed countries. However, there are many disputes between “peasant rights”. Therefore, it is necessary to clarify the nature, subject, object and content of the “peasant rights” so as to protect the peasant rights as an intellectual property as soon as possible.