Page 38 - Msingi Afrika Magazine Issue 15

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they will sow the seed they kept and that are similar to the one they have
how much seed they will use, and privatised.
they must accept inspections by
public or private agents. Art. 37. — The rights granted ...cover: a)
the protected plant variety (...) b) all varieties
A farmer is in obligation to give, upon request, that cannot be clearly differentiated from the
the authority and the plant breeder’s right protected variety... Law of Algeria n° 05-03
holder the necessary information for establishing of 27 Dhou El Hidja 1425 or 6 February
the payment obligation. Plant Breeder’s Right 2005 relative to seeds, plants and the protection
Act (1279/2009), Finland17 of plant varieties, Algeria20
In other countries, farmers can
reproduce and keep a privatised (13) Growers and seed processors are obliged, Using these two provisions, a seed
company can take farmers’ seeds
upon request, to provide to the holder, infor-
seed for the next season if they mation in writing about their name, surname, from the field, privatise them, and
use it in their own farm, and only permanent residence address and identification then claim property over all similar
if they pay a royalty to the com- number (…) (15) Growers are obliged, upon varieties. Farmers will then find out
pany that claims property request, to provide to the holder, information in that they cannot use their own seed,
writing about the scope of use of farm saved
seed. ACT of 25 October 2000 on the protec- unless they buy them or pay a roy-
(2) A farmer who [reproduces privatized seed tion of plant variety rights and the amendment alty to the company that claims the
in his/her own farm] ...shall pay an equitable to Act No. 92/1996 Coll., on plant varieties, variety as its property.
remuneration to the holder of plant breed- seed and planting material of cultivated plants,
er’s right, Act on Amendments to the Plant as last amended, Czech Republic18 Advocates of the privatisation of
Variety Protection Act of October 21, 2012, seeds have argued that a scenario
Croatia14 2. Privatising farmers seeds where farmers find their own seeds
have been privatised cannot hap-
In a growing number of coun- It could be argued that as long as pen, because no property rights
tries, no exceptions are granted to farmers keep their own seeds and can be granted over anything which
farmers, and hence reproducing avoid using privatised seeds, they is not “new” and “distinct”, that
a privatised seed and keeping it don’t need to worry. But things do is, over anything that existed be-
for the next season is banned not work that way. fore a property right was claimed.
outright. What these laws actually say is that
UPOV 91 and patent laws allow a seed cannot be privatised if it is
the privatisation of farmers’ and “previously known”, a “matter of
The breeder’s rights shall not extend to: acts
performed in a particular context for experi- peasants’ seeds through two mech- common knowledge” or has not
mental purposes which are not commercial in anisms: been “sold by or with the consent
nature; (...) operations performed in connection of the breeder”. So if the company
with education or scientific research which relate a) Companies and breeding institutes claiming rights over a seed variety
to the creation of new varieties. Law No. 99- can take seeds from farmers’ fields, has not previously sold this seed –
42 of May 10, 1999, on Seeds, Seedlings and reproduce them, do some selection even if the variety has been circu-
New Plant Varieties, Tunisia15 to homogenize them, and then lating in farmers’ markets for years
privatise them as a variety they have – it is still considered “new” and
[The rights of the breeder] apply also to the “discovered”.
production of seeds or propagating material can be privatised. Also “previously
of specific species of a protected variety for the known” and “common knowledge”
purpose of repeated reproduction (multiplica- “Breeder” means a physical or legal person, refer not to what common people or
tion) for [the farmer’s] own use. Plant Variety or any employee who has bred, discovered peasants know, but to what is known
Rights Act, Estonia16 and developed a new plant variety. The Law to the seed industry, seed institutes
No. 8880 Dated April 15, 2002, of The and intellectual property officers.
Even when farmers and peasants Republic of Albania on Plant Breeder’s Right,
Albania19
are allowed to reproduce and keep
privatised seeds for the next season b) To make matters worse, a sec-
(with or without a royalty payment), ond provision of UPOV 91 allows
they face an additional burden: they breeders to extend rights over a
must tell government authorities and specific variety to any other varieties
sometimes seed companies where

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