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Seeds

International agreements

Project: Genetic Engineering and the Privatization of Seeds
Open-Content project managed by Derek, mtuck

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Revisions to the International Convention for the Protection of New Varieties of Plants strengthen the intellectual property rights of seed developers. The convention was created in 1961 and is one of several international conventions and treaties that operate under the umbrella of the World Intellectual Property Organization (WIPO). The convention’s governing body is the International Union for the Protection of New Varieties of Plants (UPOV). The newly revised UPOV agreement extends the term of plant breeders’ intellectual property protections for new varieties from 15 years to 20 years. It also prohibits farmers from saving seeds, though there is an optional clause that allows member countries to exempt farmers from this restriction under certain conditions. For example, the clause says the restrictions can be waived if member countries implement other mechanisms that provide equivalent protections for the “legitimate interests of the breeder.” [International Union for the Protection of New Varieties of Plants, 3/19/1991; Dhar, Pandey, and Chaturvedi, 6/23/1995] The revisions will enter into force one month after five states have ratified, accepted, approved or acceded to UPOV ‘91.

Entity Tags: International Union for the Protection of New Varieties of Plants

Category Tags: International agreements, Farmers' rights

The 1991 revisions to the International Convention for the Protection of New Varieties of Plants (see March 19, 1991) are entered into force. The controversial changes limit farmers’ rights while extending intellectual property rights for seed companies and other plant breeders. [International Union for the Protection of New Varieties of Plants, 4/21/1998; Financial Times, 4/24/1998] A press release published by the UPOV notes that Article 27.3(b) of the WTO TRIPS agreement calls for its members to protect plant varieties with patents or other mechanisms, such as the UPOV convention, which it says is the “only internationally recognized sui generis system for the protection of plant varieties.” The press release also notes that this obligation in the TRIPS Agreement, which already applies to developed country members of WTO, will enter into force for many developing countries on January 1, 2000. [International Union for the Protection of New Varieties of Plants, 4/21/1998]

Entity Tags: International Union for the Protection of New Varieties of Plants

Category Tags: International agreements

The Food and Agriculture Organization of the United Nations (FAO) passes conference resolution 3/2001, approving the Treaty on Plant Genetic Resources for Food and Agriculture, popularly known as the International Seed Treaty. The vote is almost unanimous with only two countries abstaining: the United States and Japan. [The Food and Agriculture Organization of the United Nations, 11/3/2001 pdf file; Financial Times, 11/6/2001] The treaty—under negotiation for seven years [Financial Times, 11/6/2001] —requires countries to share the genetic resources of all seed varieties from 35 food crops and 29 forage crops, officially designating them as part of the global commons. The seeds will be deposited in a network of seed banks for use by all member countries, free of charge, for research and experimental plant breeding. The treaty prohibits using the seeds for chemical or pharmaceutical research. Companies using the seed for commercial purposes are required to pay an equitable share of the resulting profits to a trust fund, which will finance efforts to improve the conservation and sustainable use of plant genetic resources in developing countries. A multilateral system will be set up to facilitate countries’ access to the 64 selected crops. [Australian, 10/31/2001; Reuters, 11/5/2001; Financial Times, 11/6/2001; Food and Agriculture Organization, 6/29/2004] The treaty also affirms farmers’ rights “to save, use, exchange and sell farm-saved seed and other propagating material, and to participate in decision-making regarding, and in the fair and equitable sharing of the benefits arising from, the use of plant genetic resources for food and agriculture… .” [Treaty on Plant Genetic Resources for Food and Agriculture,, 11/3/2001 pdf file] The US refusal to sign the treaty was based on its concern that the treaty does not do enough to respect intellectual property rights. Specifically, the US wanted “WTO rules on intellectual property rights [to] be applied without modification to the new treaty,” according to the Financial Times. It also wanted any references critical of intellectual property scrubbed from the text. But the Chair, Ambassador Fernando Gerbasi of Venezuela, would not permit it. The US, along with countries like Australia, expressed concerns during negotiation that there would be little incentive for biotech companies to invest in crop research if they were required to share their patented GM genes. [Australian, 10/31/2001; Financial Times, 11/6/2001] Additionally, the US wanted a provision in the treaty that would have allowed for germplasm embargos against Cuba or other “enemies” of “enduring freedom.” [ETC Group, 11/4/2001] The treaty will enter into force 90 days after the 48th country ratifies it. [Treaty on Plant Genetic Resources for Food and Agriculture,, 11/3/2001 pdf file]

Entity Tags: Australia, Japan, Food and Agriculture Organization of the United Nations, Bush administration (43), United States

Timeline Tags: Food Safety

Category Tags: Biodiversity, International agreements, Food security, Farmers' rights

The International Seed Treaty enters into force. The treaty, approved in November 2001 (see June 29, 2004), creates a mechanism for the global management and sharing of 64 major crops and forages, providing some measure of insurance against the risks posed by the loss of agricultural biodiversity. It also affirms farmers’ rights to save, trade, and replant their seeds. [Food and Agriculture Organization, 6/29/2004]

Category Tags: International agreements

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