Page 39 - Msingi Afrika Magazine Issue 15

Community

Therefore, something that is well together, they can it is sufficiently homogeneous having regard to
known by farmers or peasants but a) Force peasants and farmers to the particular features of the reproduction or
not acknowledged as existing by keep seeds packaged and labelled, vegetative propagation thereof; Seed Act (Act
industry or the authorities can be even their own seeds, and ban the No.9 of 1996), Malawi27
privatised too. marketing, exchange and transpor-
A variety shall be deemed to be new if... it tation of unpackaged seeds. If the c) ban the marketing, gift or ex-
has not been sold or otherwise marketed, by new regulations were strictly applied, change of varieties that are not reg-
or with the consent of the breeder... Law on walking around with a handful of istered. A variety can be registered
seed management and plant breeder’s rights, seeds in your pocket would become only after fulfilling a set of require-
Cambodia21 ments, such as having a detailed and
a legally punishable offence in some
countries. cumbersome but useless description.
A plant variety or animal breed shall be
deemed to be new if, ..the seeds or breeding An official list of varieties shall be established
material of the given selection achievement Obligations: Natural or legal persons [who to register varieties that can be marketed in the
has not been sold or otherwise disposed of to produce seeds] shall: (…) Market and/or country and in the region following the regional
others, by or with the consent of the breeder or transfer free of charge [only] seeds meeting the variety release system. The landraces and local
his successor in title, for purposes of exploita- established requirements concerning signage, varieties will also be registered with special pro-
tion of the selection achievement Law on the tagging, and labelling; (...) Market or transfer visions. Model Seed Act For Southern Africa
Protection of Selection Achievements, Russian free of charge seeds with authorized labelling, Countries. Southern African Seed Systems
Federation22 tagging, packaging, repackaging, and/or con- Development Initiative. USAID/RCSA28
tainers (...) In those cases where it is found that
A variety shall be considered to be distinct if it any act of production, … storage, marketing, Art. 17. — …. only those varieties registered
is clearly distinguishable from any other variety transfer without charge, and/or use is being and listed as such in the official catalogue of
whose existence is a matter of common knowl- performed with seeds, whether identified or not, varieties, subject to the modalities and condi-
edge at the time of filing of the application. … for the purposes of their disposal in any tions prescribed by this act, are authorized to
Law on Patents for Plant Varieties of April manner or form, in warehouses or storehouses, be produced, multiplied, imported, exported,
13, 1995 . (Latest Edition [Ammendment] on lots or premises, in barns, fields, or mills, distributed, or marketed. Law no. 05-03 of
from June 14, 2004), Belorus23 or at other sites where there are seeds and/ 27 Dhu al-Hijjah 1425 corresponding to 6
or other plant materials that do not meet the
The following varieties shall be deemed to be provisions of this Decision, … the applicable February 2005 in respect of seeds, plants, and
plant breeders’ rights, Algeria29
of matter of common knowledge: a) protected control measures and sanctions may be imposed
in the Czech Republic or abroad, b) entered in without entitlement to any compensation. 9. Only seeds and seedlings of the plant vari-
the official plant variety register in the Czech Decision 970 of the Instituto Colombiano eties entered in the official register in one of the
Republic or a similar register abroad, c) in Agropecuario (ICA), Colombia25 categories referred to in Article 3 of this Law
respect of which an application for grant of may be marketed. Law No. 99-42 of May
plant variety rights or for entry in the plant b) ban the marketing of seeds that 10, 1999, on Seeds, Seedlings and New Plant
variety register has been filed in the Czech are not certified or deemed homo- Varieties, Tunisia30
Republic provided the application will led to the geneous enough, which is in fact a
granting or entering, d) in respect of which an way of banning farmers’ or peas- Only varieties that have been approved and
application for grant of plant variety rights or ants’ seeds, as they often do not notified and included in the variety list may be
for entry in the plant variety register has been meet such requirements. sold.(...) “sell” includes to exchange or barter
filed abroad, provided the application will led Seed Act (Act N°9 of 1996), Malawi31
to the grant or entry, or e) offered for sale or Article 7. The following cases will be consid-
sold in the Czech Republic or abroad ACT of ered as violations and infringements of the Act In the case of agricultural species, only prop-
25 October 2000 on the protection of plant and the violators will be treated in accordance agating material of registered varieties shall
variety rights and the amendment to Act No. with the prevailing laws and regulations (...) be put on the market, further commercialised
92/1996 Coll., on plant varieties, seed and v) Production and propagation of seeds and and exported. Seeds and Planting Material
planting material of cultivated plants, as last seedlings to be supplied to the market without Act. Consolidated Text of the Act of October
amended, Czech Republic24 obtaining of the certificate from the Institute 6, 1966, as Last Amended by the Act of
Act of Plant Varieties Registration, Control January 28, 1999, The Netherlands32
3. Limits or bans on keeping, and Certification of Seeds and Seedlings,
exchanging and selling seeds Islamic Republic of Iran26 d) ban farmers and peasants from
producing or exchanging seeds
UPOV-style legislation to privatise Only varieties that have been approved for unless they are registered seed
seeds is often complemented by release and notified and included in the variety producers. To become a registered
other rules and laws, such as mar- list may be sold.... A variety may be recognized seed producer, a farmer must get
keting and certification laws. Taken [and included in the variety list] if (...) (b) permission from the government to

WWW.MSINGIAFRIKAMAGAZINE.COM ISSUE 15 | SEPTEMBER 2021 39