The new policy brief published by APBREBES speaks about the contradictions between the right that farmers have to save, use, exchange and sell farm-saved seed/propagating material and the Breeders Rights in line with the 1991 Convention of the International Union for the Protection of New Varieties of Plants (UPOV 91). Those contradictions are a major concern in the negotiations for the realization of Farmers' Rights under the ITPGRFA.
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It is often argued by the proponents of the UPOV system, that membership of UPOV is a prerequisite to promote breeding activities and support development of a national seed market. But the recently published Access to Seed Index data seems to confirm that there is no causal relationship between the UPOV system and a dynamic seed sector. On the contrary, countries with a non-UPOV sui generis plant variety protection (PVP) legislation or even without a PVP legislation have in some regions the most vibrant seed sector.
French : Faillite de la protection intellectuelle des obtentions végétales : 10 années d’UPOV en Afrique francophone, Document de travail
Chee Yoke Ling et al., (September 2016) Farmers’ Right to Participate in Decision-making – implementing Article 9.2 (c) of the International Treaty on Plant Genetic Resources, Working Paper, APBREBES
By Carlos M. Correa (University of Buenos Aires), with contributions from Sangeeta Shashikant (Third World Network) and François Meienberg > (Berne Declaration)
Published by: Association for Plant Breeding for the Benefit of Society (APBREBES) and its member organisations: Berne Declaration, Development Fund, SEARICE, Third World Network