UPOV 91 and trade agreements: Compromising farmers' right to save and sell seeds
The international Convention UPOV 91 is relatively unknown. But this treaty is quite problematic for smallholder farmers and agroecological approaches: by imposing intellectual property rights on seeds, it can restrict the farmers’ right to save and re-use seeds and undermine local seed systems. At the same time we note increased effort to include references to UPOV 91 in EU trade agreements, which would further aggravate the related problems. With this paper, we aim to facilitate an urgently needed debate on the relations between UPOV 91, national seed laws and trade agreements – and the potential implications on the livelihoods of subsistence farmers in the Global South.
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Cover photo: farmers in Iran (taken by Hamed Zolfaghari)
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Dossier /
Trade agreements
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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. -
Letter / 30 juni 2022
Open letter to the Indonesian Government concerning plant variety rights in the Free Trade Agreement with Indonesia
On behalf of almost 90 CSO's and networks including Both ENDS, IGJ has sent a letter to the Indonesian government about the free trade agreement with the European Union. In this agreement, the EU pushes Indonesia to align its plant variety protection laws with UPOV 91, which would threaten farmers' access to seeds, food souvereignty and agrobiodiversity. 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.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 systemsThe joint organisations therefore call upon the Indonesian government to resist the ask of the EU to comply with UPOV 91.
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