In this open letter, NGOs from Africa and Europe express their concerns about the damaging effects of intellectual property (IP) provision on plant variety protection in the Economic Partnership Agreement (EPA) between the European Union and Comoros, Madagascar, Mauritius, Seychelles, and Zimbabwe.

The new policy brief published by APBREBES shows how UPOV, with the support of some of its member states, is waging a global war against farmers' rights to seeds worldwide. Many countries in the South have clauses in their laws that allow farmers to exercise their right to save and, in some cases, to exchange and sell seeds in a way that would not be possible under a law in conformity with UPOV 91. These existing laws are a thorn in UPOV's side. UPOV has been undertaking a systematic campaign for years to have these laws amended and farmers' rights abolished. The organisation uses misleading information, communication that resembles an advertising campaign and one-sided advice when countries want to draft or review plant variety protection laws. Individual UPOV members play a decisive role in driving the countries of the South into the arms of UPOV. In particular, the countries with seed multinationals that profit from seed exports.

A possible new interpretation of the private and non-commercial use exception has been under discussion at UPOV for many years. The way this exception is interpreted has a major impact on the livelihoods of smallholder farmers around the world - on their access to seed and on their ability to multiply, exchange, or sell seed. This report shows what is at stake, where the idea to adapt the interpretation came from, and how the discussion is developing within UPOV. The preliminary result indicates that UPOV seems to be unwilling or unable to balance its own system - to better meet the needs of smallholder farmers and reduce the negative impact on the farmer-managed seed system.