This paper will present and discuss the farmers’ rights to seeds and all the main legal issues related thereto. It will deal with the legal aspects of the IP rights of the breeders and corporations who own patented seeds or registered plant varieties as opposed to the farmers’ historical and customary right to set aside, sow and share those protected seeds for future harvests, thus also ensuring crops’ resilience to climate change and biodiversity. The contribution will present the current international, EU and national legislations on the farmers' right to seeds and the conflicting IP rights of breeders to prohibit farm saved seeds, or to claim endless royalties on successive harvests. The border between these two rights is very controversial and faces two categories of economic operators (farmers and breeders) having uneven contractual, economic and political powers, thus raising not only complex legal issues but also a tremendous impact on social aspects of rural life, especially in developing countries' communities. The scope of the paper is to examine whose rights shall prevail and to explore whether the legal concept of abuse of right may be used as discernment.