Page 37 - Msingi Afrika Magazine Issue 15

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on intellectual property rights:... by the State...“Protected selection The owner of the plant patent may, at his dis-
the International Convention for achievements” means patented cretion, make any such authorization subject to
Protection of New Varieties of plant material and pedigree animal conditions and limitations.Law on Patents for
Plants (UPOV) (Geneva Act 1991); registered in the State register; Law Plant Varieties of April 13, 1995 . (Latest
European Union – Egypt Associa- on Selection Achievements, Azer- Edition [Ammendment] from June 14, 2004),
tion Agreement7 baijan8 Belorus10
“Plant” includes all fungi and algae. Plant
Assesing future scenarios In sum, this means that, when trying Varieties Protection Act 2004, Singapore11
to assess what a new draft law or
Although all laws and regulations new regulation might mean, the For farmers, it means that
are officially drafted at the nation- worst-case scenarios are often the
al level, the ones that affect seeds most realistic indication of what
are all in fact very similar to each may happen if the new laws and 1. They can legally get that
other – in some cases carbon copies rules are imposed. seed only if they buy it from
of texts drafted by UPOV bureau- a store that has permission
crats or by industry representatives Below we list a series of implica- to sell it from the company
themselves. Therefore, the contents tions that these combined laws or institute that claims it as
of these laws and the way they are have for farmers and farming, and property.
being implemented in countries that selected examples of the legal texts 2. Privatised seeds cannot be
have already passed them is a good from countries that enforce them at exchanged in any manner
indication of what will happen in the national level. among peasants, not even as
countries that may adopt them in a gift.
the future. 1. Bans or restrictions on using and 3. Their right to keep seed for
exchanging privatised seeds.
When trying to understand what the the next season is restricted
new legislations might mean, it is The 1991 version of the UPOV or banned
important to keep in mind that they Convention and the laws drafted
will be interpreted and enforced in line with it grant companies or In some countries, farmers can
with a certain ideology and within institutions property rights over new reproduce and keep a privatised
a certain political context. In most plant varieties of any plant species seed variety for the next season,
cases, the authorities implement- (wild, cultivated, medicinal, etc.), but only for use on their own
ing seed legislation know little or and increasingly over fungi, bacteria farms. This is often restricted
nothing about seeds, know little or and algae as well. This means that to certain crops and farmers are
nothing about small farmers and are only the company or institute that often restricted to saving only the
strongly and undeniably biased in fa- is granted property over a variety same amount as they originally
vour of the interests of companies. can produce, reproduce, sell, export
Experience shows that the effect or import that variety. If anyone bought.
of these laws gets worse with time, else wants to do that, it requires a
because they are enforced increas- permit from the company and to Article 12 : The protection conferred by the
plant breeder’s right places no limitation on the
ingly more strictly or because they fulfil the conditions that the compa- right of farmers to use the variety freely for the
are repeatedly revised to become ny determines, such as paying a fee purposes of planting their own field, …Law
more strict and encompassing. The and/or royalty for keeping seeds for no. 010-2006/An Regulating Plant Seeds in
newer laws show a clear tendency to continued use in later seasons. Burkina Faso.12
grant wider privileges to companies
and simultaneously apply harsher Article 15.- Any production or reproduction, Anyone who saves and plants, on his own
sanctions and forms of punishment conditioning for the purpose of propaga- property, within reasonable limits and subject
to farmers and consumers. One tion, offering for sale, selling or marketing, to the safeguarding of the breeders’ legitimate
example of this is the extension importing and exporting, stocking of a variety interests, the product of the harvest that he has
of privatisation beyond plants, to or protected material shall require the right obtained from the growing, on his own prop-
owner’s authorization. (...) The right owner
erty, of a protected variety or a variety covered
animals and animal breeds. may authorize the use of his variety subject by section 18(c) of this Act does not thereby
to certain conditions or limitations. Law on infringe the breeder’s right. This provision
A patent shall give the exclusive Seed Management and Plant Breeder’s Rights, does not apply to fruit, ornamental, and forest
right to use a selection achievement Cambodia9 species exploited for commercial purposes. Plant
and this right shall be protected Breeders’ Rights Act no. 8631, Costa Rica13

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