IPRS, SEEDS & FARMERS’ RIGHTS Clare Westwood PAN AP

WHY SEEDS? History – Green Revolution. Purposes. Suppress pesant movement. Open up markets for corporate agricultural inputs. Chemical pesticides, synthetic fertilizers, High input/yielding varieties. Subsidies Hybrid seeds. GE seeds. Farmer-saved seeds (FSS) an Obstacle Aim: seed producers  seed users/consumers

COLLUSION SEED COMPANIES GOVERNMENT INTERNATIONAL AGENCIES SEED ASSOCIATIONS

FACTS 2005: Seed market worth USD17 billion Monsanto top seed company Top 5 agri-TNCs control 30% of the global seed market

HOW TO CONTROL? LAW –Regulations –Restrictions –Certification –Registration INTELLECTUAL PROPERTY RIGHTS (control price and what/how to save, use, share) -Methods / Processes -Genes -“new” plant varieties

INTERNATIONAL LAWS/COERCION AOA – TRIPS (Ag on Trade Related Aspects of IPRs) – UPOV (Intnl Union for the Protection of New Varieties of Plants) – ITPGRFA (Seed Treaty) – TRIPS PLUS WTO, WB, USAID, ADB, FAO – CGIAR - IRRI

UPOV Article 14 extends protection to all plant varieties, vegetative / reproductive propogating material and essential derived varieties & harvested material. Under UPOV-type systems, farmers cannot save, exchange, or sell seeds of protected plant varieties.

NATIONAL SEED LAWS Korea – Govt. may restrict breeder’s rts to a variety if farmer collects seeds for himself for self-production Malaysia – farmers can only use seeds of a PVP on their own field in ‘reasonable amount’ Indonesia – Farmers may use PVPs as long as not for commercial purposes Pakistan / India /Philippines – Farmers can use/sell seed produce but cannot sell seed of the protected variety for commercial purposes

FUTURE TRENDS TIGHTER LAWS. GREATER INVOLVEMENT OF PRIVATE PLAYERS REPLACING / COMPLEMENTING GOVT. IN CERTIFICATION & TESTING. Growing collusion bet. private and public sectors. FTAS  New Trade Laws. Seed laws reflect seed trade. Climate and Food Crisis – used to promote GE seeds & zombie seeds

TRENDS (cont.) Asia – growing market for US & European seed companies. Forays into China India, Phil, Thailand, Taiwan DUS seeds – increasing loss of genetic diversity Greater violation of farmers’ rights’; harassment, legal oppression, etc.

EXAMPLES 609 patents on rice in 2007 mainly by rice breeders in the US, Europe & Japan. 60% private owners. Syngenta claims to have ‘invented’ >30,000 genetic sequences of rice Indonesian farmers arrested for breeding their own corn seeds Percy Schmeiser’s case - Canada

FAO Role of the FAO –IRRI (under CGIAR) –FAO in Afghanistan: Implemented a Variety & Seed Industry Development Project in Afghanistan with EU funding. Prescribed new seed law. Farmers cannot commercialize production from proprietary varieties. –2 nd World Seed Conference co-organized with seed industry in Rome in Sept 2009 – call for more formal plant breeding and IPR regulation CGIAR – IRRI. Private-public partnerships. Facilitating giving away of germplasm.