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This was sent along by a friend. ~ Dale

The end of farm-saved seed?

Industry’s wish list for the next revision of UPOV

GRAIN

The big players in the world seed industry are grumbling about loopholes in the

plant variety protection system, which was the alternative to patenting that

they set up in the 1960s. The Europeans want to get rid of farmers’ limited

entitlement to save seed. The Americans want to restrict the exemption by which

breeders have the free use of each other’s commercial varieties for research

purposes. In both cases, the point is to reduce competition and boost profits.

In the short term, the victims will be farmers, who will probably end up paying

the seed giants an additional US$7 billion each year. But in the long run, we

will all lose from the growing corporate stranglehold over our food systems.

This briefing traces the recent discussions within the seed industry and

explores what will happen if a plant variety right becomes virtually

indistinguishable from a patent.

See the entire article at http://www.grain.org/briefings/?id=202

info wrote:

New from GRAIN

February 2007

http://www.grain.org/?nfg=470

 

 

SEED COMPANIES WANT TO BAN FARM-SAVED SEED

 

A new report from GRAIN reveals the new lobbying offensive from the global seed

industry to make it a crime for farmers to save seeds for the next year's

planting. This briefing traces the recent discussions within the seed industry

and explores what will happen if a plant variety right becomes virtually

indistinguishable from a patent.

 

BACKGROUND

 

Seed companies already have strong legal support from governments. In many

countries, seed laws require farmers to use only certified seed of

government-approved varieties. That seed is often available only from commercial

seed companies.

 

A rapidly increasing number of governments also grant legal monopoly rights for

commercial seed, by means of industrial patents and so-called plant variety

protection (PVP). Until recently, both seed patents and PVP existed only in

developed countries. But since the World Trade Organisation (WTO) was created in

1994, all member governments must provide some form of monopoly rights on seeds.

There is now enormous pressure on developing countries to adopt the developed

country models. Many have been persuaded to join the international PVP system,

managed by UPOV (International Union for the Protection of New Varieties of

Plants). In the past ten years, UPOV has more than doubled its membership. Most

new members are developing countries.

 

The UPOV system was originally set up in 1961, in response to many years of

lobbying by the seed industry. What the companies really wanted was to have

industrial patents on seeds. Patents give absolute rights to control all uses of

the seed, both for planting and for further breeding. But at the time many

governments felt that patents would give industry too much power over farmers.

The UPOV PVP was created as a compromise. From the beginning, it gave seed

companies a monopoly on only the commercial multiplication and the marketing of

seeds. Farmers remained free to save seed from their own harvest to plant in the

following year, and other breeders could freely use any variety, protected or

not, to develop a new one.

 

During the 1980s, the development of genetic engineering attracted large

transnational companies from the pharmaceuticals and chemical sectors into plant

breeding. With their much greater lobbying power, they began a new offensive to

strengthen monopoly rights on plant breeding in developed countries. First, they

got industrial patents on plants bred with genetic engineering (GE) and related

techniques. This meant, in practice, that they got the absolute monopoly that

conventional breeders had been refused two decades earlier.

 

Second, the UPOV PVP rights were radically expanded for all plant varieties, GE

or conventional. Since 1991, the PVP monopoly has applied not only to seed

multiplication but also to the harvest and sometimes the final product as well.

The previously unlimited right for farmers to save seed for the following year's

planting has been changed into an optional exception. Only if the national

government allows it can farm-saved seed still be used, and a royalty has to be

paid to the seed company even for seeds grown on-farm.

 

Third, these much stronger monopoly rights are required for membership in the

WTO, as already described. This is the starting point for the new lobby

offensive now being prepared by the global seed industry. The goal this time is

to remove the few remaining differences between the PVP system and patents, so

that companies will have an absolute monopoly over seeds all over the world,

regardless of which legal system is used, for all crops and all countries.

 

THE REAL TARGET - FARM-SAVED SEED

 

Farm-saved seed will be a primary target of this offensive. At least two-thirds

of the global crop area is currently planted with farm-saved seed every year. In

many developing countries, it represents 80--90 per cent of all seed used, but

even in developed countries it commonly accounts for a large share (30--60 per

cent). If farmers were legally forced to plant all of this area with commercial

seed, it could easily mean a doubling of seed industry turnover, that is, an

extra US$20 billion annually -- all taken out of farmers' pockets and delivered

to transnational giants such as DuPont, Bayer, Syngenta, and Monsanto.

 

Another key industry demand will be to restrict or eliminate the freedom to use

PVP-protected varieties for breeding -- the other major difference between the

UPOV system and patents. The purpose is simply to block competition. If nobody

else is allowed to improve on a variety until after the term of protection -- 20

years or so -- a seed company will be able to sell the unimproved variety for a

much longer period, and postpone the cost of new research. The net effect:

increased profits for the PVP owner, higher seed prices and fewer new varieties

for farmers.

 

The seed industry has every reason to fear competition from farm-saved seed and

more innovative independent breeders. Even individual farmers can often match or

beat the performance of commercial varieties by simple on-farm selection. With

constantly stronger monopoly rights and increasing consolidation into a few

giant conglomerates, seed companies have produced fewer and fewer products of

value to farmers. The big strides in yield and resistance improvement were made

early in the 20th century, before any monopoly rights were available on seeds.

And those improvements came mainly from selecting and crossing the very best of

the thousands of farmer varieties which had been developed over centuries, not

from any industry-sponsored research.

 

The failure of commercial plant breeding has left global agriculture badly

prepared for the challenges of the near future, such as climate change and the

need to wean ourselves off dependence on fossil fuels. It is now time to start

rolling back the monopoly privileges of the seed industry, not to strengthen

them further.

 

===========================================================

 

GRAIN, The end of farm-saved seed? Industry's wish-list for the next revision of

UPOV, GRAIN Briefing, February 2007, http://www.grain.org/briefings/?id=202,

available in PDF and HTML. The summary in PDF is also available on this page.

Also currently available in French, and soon in Spanish.

 

 

 

===========================================================

 

 

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Did you know that there are people out there that know that and are working

on saving seed in an artic vault? You can also help if you want to by

actually buying seeds from organic farmers. They can't stop us from growing

our own food, nor sharing it. They're trying to boost profits and well.

They're just killing themselves.

 

Jennifer

 

----

 

allgroupmail

02/22/07 11:10:38

 

Heirloom Seed, Farm Saved Seed

 

This was sent along by a friend. ~ Dale

The end of farm-saved seed?

Industry’s wish list for the next revision of UPOV

GRAIN

The big players in the world seed industry are grumbling about loopholes in

the plant variety protection system, which was the alternative to patenting

that they set up in the 1960s. The Europeans want to get rid of farmers’

limited entitlement to save seed. The Americans want to restrict the

exemption by which breeders have the free use of each other’s commercial

varieties for research purposes. In both cases, the point is to reduce

competition and boost profits. In the short term, the victims will be

farmers, who will probably end up paying the seed giants an additional US$7

billion each year. But in the long run, we will all lose from the growing

corporate stranglehold over our food systems. This briefing traces the

recent discussions within the seed industry and explores what will happen if

a plant variety right becomes virtually indistinguishable from a patent.

See the entire article at http://www.grain.org/briefings/?id=202

info wrote:

New from GRAIN

February 2007

http://www.grain.org/?nfg=470

 

 

SEED COMPANIES WANT TO BAN FARM-SAVED SEED

 

A new report from GRAIN reveals the new lobbying offensive from the global

seed industry to make it a crime for farmers to save seeds for the next year

s planting. This briefing traces the recent discussions within the seed

industry and explores what will happen if a plant variety right becomes

virtually indistinguishable from a patent.

 

BACKGROUND

 

Seed companies already have strong legal support from governments. In many

countries, seed laws require farmers to use only certified seed of

government-approved varieties. That seed is often available only from

commercial seed companies.

 

A rapidly increasing number of governments also grant legal monopoly rights

for commercial seed, by means of industrial patents and so-called plant

variety protection (PVP). Until recently, both seed patents and PVP existed

only in developed countries. But since the World Trade Organisation (WTO)

was created in 1994, all member governments must provide some form of

monopoly rights on seeds. There is now enormous pressure on developing

countries to adopt the developed country models. Many have been persuaded to

join the international PVP system, managed by UPOV (International Union for

the Protection of New Varieties of Plants). In the past ten years, UPOV has

more than doubled its membership. Most new members are developing countries.

 

The UPOV system was originally set up in 1961, in response to many years of

lobbying by the seed industry. What the companies really wanted was to have

industrial patents on seeds. Patents give absolute rights to control all

uses of the seed, both for planting and for further breeding. But at the

time many governments felt that patents would give industry too much power

over farmers. The UPOV PVP was created as a compromise. From the beginning,

it gave seed companies a monopoly on only the commercial multiplication and

the marketing of seeds. Farmers remained free to save seed from their own

harvest to plant in the following year, and other breeders could freely use

any variety, protected or not, to develop a new one.

 

During the 1980s, the development of genetic engineering attracted large

transnational companies from the pharmaceuticals and chemical sectors into

plant breeding. With their much greater lobbying power, they began a new

offensive to strengthen monopoly rights on plant breeding in developed

countries. First, they got industrial patents on plants bred with genetic

engineering (GE) and related techniques. This meant, in practice, that they

got the absolute monopoly that conventional breeders had been refused two

decades earlier.

 

Second, the UPOV PVP rights were radically expanded for all plant varieties,

GE or conventional. Since 1991, the PVP monopoly has applied not only to

seed multiplication but also to the harvest and sometimes the final product

as well. The previously unlimited right for farmers to save seed for the

following year's planting has been changed into an optional exception. Only

if the national government allows it can farm-saved seed still be used, and

a royalty has to be paid to the seed company even for seeds grown on-farm.

 

Third, these much stronger monopoly rights are required for membership in

the WTO, as already described. This is the starting point for the new lobby

offensive now being prepared by the global seed industry. The goal this time

is to remove the few remaining differences between the PVP system and

patents, so that companies will have an absolute monopoly over seeds all

over the world, regardless of which legal system is used, for all crops and

all countries.

 

THE REAL TARGET - FARM-SAVED SEED

 

Farm-saved seed will be a primary target of this offensive. At least

two-thirds of the global crop area is currently planted with farm-saved seed

every year. In many developing countries, it represents 80--90 per cent of

all seed used, but even in developed countries it commonly accounts for a

large share (30--60 per cent). If farmers were legally forced to plant all

of this area with commercial seed, it could easily mean a doubling of seed

industry turnover, that is, an extra US$20 billion annually -- all taken out

of farmers' pockets and delivered to transnational giants such as DuPont,

Bayer, Syngenta, and Monsanto.

 

Another key industry demand will be to restrict or eliminate the freedom to

use PVP-protected varieties for breeding -- the other major difference

between the UPOV system and patents. The purpose is simply to block

competition. If nobody else is allowed to improve on a variety until after

the term of protection -- 20 years or so -- a seed company will be able to

sell the unimproved variety for a much longer period, and postpone the cost

of new research. The net effect: increased profits for the PVP owner, higher

seed prices and fewer new varieties for farmers.

 

The seed industry has every reason to fear competition from farm-saved seed

and more innovative independent breeders. Even individual farmers can often

match or beat the performance of commercial varieties by simple on-farm

selection. With constantly stronger monopoly rights and increasing

consolidation into a few giant conglomerates, seed companies have produced

fewer and fewer products of value to farmers. The big strides in yield and

resistance improvement were made early in the 20th century, before any

monopoly rights were available on seeds. And those improvements came mainly

from selecting and crossing the very best of the thousands of farmer

varieties which had been developed over centuries, not from any

industry-sponsored research.

 

The failure of commercial plant breeding has left global agriculture badly

prepared for the challenges of the near future, such as climate change and

the need to wean ourselves off dependence on fossil fuels. It is now time to

start rolling back the monopoly privileges of the seed industry, not to

strengthen them further.

 

===========================================================

 

GRAIN, The end of farm-saved seed? Industry's wish-list for the next

revision of UPOV, GRAIN Briefing, February 2007, http://www.grain

org/briefings/?id=202, available in PDF and HTML. The summary in PDF is also

available on this page. Also currently available in French, and soon in

Spanish.

 

 

 

===========================================================

 

 

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