The European Union's (EU) foreign trade policy has many implications for the sustainability of food systems in developing countries, heavily impacting farmers, breeders, and citizens. The unhidden promotion by the EU of strong intellectual property rights on plants affects food systems from its very basis, i.e., the seeds that are available for farmers to grow. Amongst these intellectual property rights, the main instrument that is advocated by European authorities is the 1991 Act of the UPOV Convention, which provides exclusive rights to breeders over the propagating material of new plant varieties, while diminishing the rights of others to use the material for further breeding and hampering with the rights of farmers to freely save, use, exchange and sell their seeds.
Today, almost 90 organisations and networks from around the world, including Both ENDS, sent a letter to the European Commission to urge the EU to stop including UPOV91 in Free Trade Agreements (FTAs). The main objective of UPOV91 is to further erode traditional seeds rights and to regulate local seed markets in the interest of internationally operating seed companies.
This matter is urgent because currently, the EU and Indonesia are negotiating an FTA. Including UPOV91 in this FTA means that Indonesia will have to change its policies, which will take away the farmers' rights to:
- breed, save and exchange all seeds and other planting material
- participate in decisions concerning seed improvement/ breeding, selection, quality standards, pricing, production, distribution and diversity
- customary practice especially in regard to indigenous seed
- be protected from being sold fake and inappropriate seed
- have a true choice between the use of certified and seed from fellow farmer managed seed systems.
- breed, save and exchange all seeds and other planting material
- participate in decisions concerning seed improvement/ breeding, selection, quality standards, pricing, production, distribution and diversity
- customary practice especially in regard to indigenous seed
- be protected from being sold fake and inappropriate seed
- have a true choice between the use of certified and seed from fellow farmer managed seed systems
The joint organisations therefore call upon the Indonesian government to resist the ask of the EU to comply with UPOV 91.
89 NGOs and farmers' organisations from Indonesia, the EU and around the world sent open letters to the EU Commission and the Indonesian government today, calling on them to refrain from any clause that restrict farmers' rights in a future free trade agreement.
The European Union (EU) continues to demand that countries of the South introduce plant variety protection rights according to UPOV 91 in free trade agreements. This is happening in the ongoing negotiations of the EU with Indonesia, trying to take away Indonesia's flexibility to implement a law that suits its own needs and priorities. We therefore call to sign our letters on this subject to the European Commission and the Indonesian government.
It sounds so logical: patents and other intellectual property rights protect investments in innovations, allowing more innovations to be made from which the whole world can benefit. Such as new medicines or drought-resistant crops. But in practice, these property rights often have the opposite effect, hindering access to innovations for those who need them the most.
If the Netherlands wants to make its agriculture and livestock industry sustainable and to ensure that farmers get a fair price for their products, it will also have to look beyond its own borders. The Netherlands is the world's second largest exporter of agricultural products. We have a great impact because, through our trade relations, we uphold a system of intensive agriculture that destroys ecosystems and undermines local production. Partly due to our trade in agricultural products, the Dutch economy is has a large, and growing, footprint. That should and can be different: the Netherlands is in a good position to lead the required transition in agriculture. Fortunately, the party manifestos for the coming elections offer sufficient opportunities to set that in motion. A new coalition can thus take decisive new steps.