Page 42 - Msingi Afrika Magazine Issue 15

Community

receptacle where he/she believes there is any Information, Integrated Circuits and Plant g) Private entities or individuals
seed to which this Act applies, packaged or not, Variety Law, Iraq55 may be granted the power to act
take samples for the purpose of ensuring that c) Crops, harvests and products as inspectors or certifying authori-
the provisions and regulations of this Act, are made from the harvested material ties, creating de facto private police
being complied with.(...) g) enter any public can be seized or destroyed before a entities. Seed companies can set up
or private premises during or after regular farmer is proven guilty, once again, such entities and become inspectors
business hours without notice of inspection based on suspicion...
when a suspected violation of this Seed Act of small seed producers or other
and regulations. Model Seed Act For Southern The court may order the confiscation of the competing companies.
Africa Countries. Southern African Seed infringing variety as well as the materials and
Systems Development Initiative. USAID/ tools substantially used in the infringement of The accredited certification system shall allow
RCSA51 individuals, third parties, seed laboratories,
the protected variety. (...) The court may also and/or seed entities to inspect fields, sampling
decide to destroy the infringing variety as well as
A seed inspector may, for any of the purposes the materials and tools or to dispose of them in and test seeds, and /or issuance of labels sub-
of this Act and at all reasonable times a) enter any noncommercial purpose.” Coalition Provi- ject to the regulation of this Seed Act. Model
upon any land, building, premises or vehicle at sional Authority Order Number 81. Patent, Seed Act For Southern Africa Countries.
or in which there is reasonable cause to believe Industrial Design, Undisclosed Information, Southern African Seed Systems Development
that any prescribed seed or restricted seed is Integrated Circuits and Plant Variety Law, Initiative. USAID/RCSA60
being stored, sold or transported for sale in
contravention of this Act, or is being packaged Iraq56
in packages or other containers which are Good for farmers, good for breeders?
marked or labeled.... in contravention of this d) Accused farmers often have a
Act.... (...) d) further, may seize and remove very short time to gather proof of UPOV-based legislation and other seed laws
therefrom any prescribed seed or restricted seed their innocence are often justified with the argument that they
(...) The word “sale” includes “gift” Seed Act are good for farmers and for plant breeders, as
(Act N°9 of 1996), Malawi52 Art. 24.- The testing period will be of eight well as for society as a whole. Farmers benefit,
working days. Decree Num. 530, El Salva- the argument goes, because these laws help to
Any authorized officer or police officer not be- dor57 create a vibrant and competitive plant-breeding
low the rank of Inspector may, for the purpose sector that produces high quality seeds that
of enforcing this Act, do all or any of the e) Accused farmers may have the farmers can use. They also benefit because
following: (a) enter, inspect and examine with obligation to denounce others that counterfeiting practices are eliminated and the
or without notice any premises or farm at any have infringed the law, available seeds are free of pests and diseases.
reasonable hour in relation to any offence rea- Plant breeders benefit because, through clear
sonably suspected to have been committed under intellectual property and other rules, they can
this Act; Protection of New Plant Varieties The following non exhaustive list of enforce- make a return on their investment. And society
Act 2004 . Act 634, Malaysia53 ment measures might be considered (...) vi) as a whole gets new solutions to old problems,
measures to require an infringer to provide accessing new technologies and permitting
information to the holder of the breeder’s right
b) Searches can be carried out based on third persons involved in the production and progress.
on accusations that the accused may distribution of infringing material Explana- None of these arguments hold true. If any-
not have been informed of... tory Notes on The Enforcement of Breeders’ thing, the global race towards the privatisation
Rights Under The UPOV Convention. Ad- of seeds has led to the creation of a monopolis-
Where a precautionary measure is applied [in- opted by the Council at its forty-third ordinary tic global seeds industry that increasingly dom-
cluding confiscation of crops, seeds, and harvest session on October 22, 2009 58 inates the world seed supply while threatening
products] without the other party having been age-old local farmer seed practices that form the
given a prior hearing, OFINASE [the Na- f) Searches and seizures can be car- cornerstone for sustainable food production. It
tional Seeds Office] or the competent judicial ried out with the support of military is criminalising farmers in the process.
authority shall notify the affected party within force.
the three working days following the application The good news is that the world is starting to
of the measure. Plant Breeders’ Rights Act no. realise what’s happening and what’s at stake.
8631, Costa Rica54 Article 67.- The local authorities at all levels,
armed forces, customs and excise, airport and Despite all their power, big companies and
B. 1. The breeder of the protected variety, port offices, and other relevant authorities shall powerful governments pushing seed laws are
not having an easy time. Popular opposition
before bringing a claim of infringement, may, co-operate in the uncovering, prevention and and resistance has surged around the world,
with by a bond, request the court to order any suppression of seed offenses and in the tempo- and in many places popular movements have
of the procedures provided in paragraph (A) rary storage of evidence relating to seed offenses managed to stall and even repeal the new
of this Article, without notifying the defendant. upon request by the Seed Inspector. Law on regulations. These struggles now need support
Coalition Provisional Authority Order Num- Seed Management and Plant Breeder’s Right, and strengthening.
ber 81. Patent, Industrial Design, Undisclosed Cambodia59

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