Tag Archive: Plant Variety Protection

Declaration on Plant Variety Protection and Seed Laws from the South-South Dialogue

We, participants at the South-South Dialogue, are members of peasant and civil society organisations and concerned individuals from Africa, Asia, Latin America and Europe working on issues of food and seed sovereignty, peasants’ control of seed production and exchange, and biodiversity. We gathered in Durban, South Africa 27-29 November 2015 to share information and knowledge, and to come to a common understanding on seed and plant variety protection (PVP) policy and laws and strategies for resistance and alternatives in the global South.

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We are working in our countries and regions to advance the ongoing global struggle for socially just and ecologically sustainable societies, in which farming households and communities have control and decision-making power over the production and distribution of food and seed.

Human societies and the seeds we use to produce the food that sustains us have grown symbiotically over millennia. Seeds emerged from nature and have been diversified, conserved, nurtured and enhanced through processes of human experimentation, discovery and innovation throughout this time. Seeds have been improved by means of traditional and cultural knowledge transmitted from generation to generation. Seeds are therefore the collective

ARIPO sells out African Farmers, seals Secret Deal on Plant Variety Protection

Statement issued by the Alliance for Food Sovereignty in Africa (AFSA)

On 06 July 2015, in Arusha, Tanzania, a Diplomatic Conference held under the auspices of the African Regional Intellectual Property Organisation (ARIPO) adopted a harmonised regional legal framework for the protection of plant breeders’ rights—the Arusha Protocol for the Protection of New Varieties of Plants (the ‘Arusha PVP Protocol’).
The Arusha PVP Protocol is a slightly revised version of a previous Draft ARIPO Protocol for the Protection of New Varieties of Plants (the ‘ARIPO PVP Protocol’). The previous Draft has come under consistent and severe attack by the Alliance for Food Sovereignty in Africa (AFSA) because it is based on a Convention known as UPOV 1991—a restrictive and inflexible international legal precept, totally unsuitable for Africa. Crucially, the ARIPO PVP Protocol proposed extremely strong intellectual property rights to breeders while restricting the age-old practices of African farmers freely to save, use, share and sell seeds and/or propagating material. These practices are the backbone of agricultural systems in Sub-Saharan Africa; they have ensured the production and maintenance of a diverse pool of genetic resources by farmers themselves, and have safe-guarded food and nutrition for tens of millions of Africans

RAILROADING AFRICAN GOVTS INTO ADOPTING ARIPO PVP PROTOCOL BASED ON UPOV 1991: AFSA APPEALS TO ARIPO MEMBER STATES FOR POSTPONEMENT OF DIPLOMATIC CONFERENCE AND FOR URGENT CONSULTATIONS WITH SMALL-HOLDER FARMERS

AFSA attended a Regional Workshop on the ARIPO PVP Protocol, 29-31 October 2014, in Harare Zimbabwe, where numerous technical and administrative flaws continue to characterise the process. In particular, member states were forced into accepting a recommendation, disguised as if crafted by them, mandating ARIPO to urgently organize and call for the Diplomatic Conference for the adoption of the Protocol. In reality, member states, instead, unanimously endorsed the need for further consultations to be held at national levels and independent expert review of the draft ARIPO PVP Protocol and that talk of a Diplomatic Conference to adopt the Protocol is hopelessly premature.

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ALLIANCE FOR FOOD SOVEREIGNTY IN AFRICA: MEDIA BRIEFING AFSA APPEALS TO ARIPO, AU AND UNECA FOR PROTECTION OF FARMERS’ RIGHTS & RIGHT TO FOOD

Addis Ababa

The Alliance for Food Sovereignty in Africa (AFSA), a Pan African platform comprising civil society networks and farmer organisations working towards food sovereignty in Africa, has today lodged an urgent appeal to the African Regional Intellectual Property Organisation (ARIPO), African Union and United Nations Economic Commission for Africa (UNECA) to urgently revise the draft ARIPO Plant Variety Protection Protocol, recognise farmers? rights and facilitate the right to food. AFSA is requesting that such revision be based on a broader consultation process with farmer organisations and experts from outside of the plant breeders? rights sector.

African civil society organisations, many of them members of AFSA, made submissions to ARIPO on its draft Plant Variety Protection (PVP) law and policies in November 2012. AFSA has itself submitted comments on ARIPO?s Response to Civil Society: Draft Legal Framework for Plant Variety Protection, March 2014. In both submissions, several serious concerns were raised about the law, which later was titled ?the draft ARIPO Plant Variety Protection Protocol?, being based on UPOV 1991 (the International Union for the Protection of New Varieties of Plants), a restrictive and inflexible legal regime focused solely on promoting and protecting the rights of commercial breeders that develop

Alliance for Food Sovereignty in Africa (AFSA) submission to ARIPO, AU and UNECA for urgent intervention in draft ARIPO Plant Variety Protection Protocol, in order to protect farmers? rights and the right to food.

This submission contains several grounds upon which AFSA is seeking urgent interventions by ARIPO, the AU and the UNECA to urgently revise the draft ARIPO PVP Protocol to protect farmers rights and the right to food.

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SLAVISHLY FOLLOWING UPOV 1991

In this report, the ACB provides a critique of the Mozambique PVP law and concludes that the government of Mozambique has turned a blind eye to its small-scale farmers and their seed and farming systems. The provisions dealing with the exclusive rights granted to plant breeders? and the exceptions to those rights render the centuries-old African farmers? practices of freely using, exchanging and selling seeds/propagating material illegal

ACBio Comments

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Mozambique PVP Law

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AFSA Makes Small Gains for Farmers’ Rights in Draft SADC PVP Protocol

AFSA members participated at a SADC Regional Workshop that took place 13-14 March 2014, in Johannesburg, South Africa. The aim of the workshop was to review the draft SADC PVP Protocol. After marathon, highly contentious and difficult discussions, AFSA members were able to persuade member states to amend key provisions in the draft SADC PVP Protocol dealing with “disclosure of origin” and “farmers’ rights”. While some space was opened through the participation of AFSA members at the very tail end of the workshop, the objections to the draft SADC PVP Protocol being based on UPOV 1991still remain. Indeed, the road ahead for smallholders and their seed systems continues to look extremely bleak. A radical shift is required at the political level away from a singular system that favours only one kind of plant breeding (industrial) and corporate seed systems that facilitate commercial growing and regional trade in improved and protected seed only and in which smallholders’ role is defined as that of passive consumers or growers in certification schemes (that produce improved/protected seed) to a system that embraces a multitude of actors and encourages a diversity of farming systems and seed.

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PROTOCOL FOR PROTECTION OF NEW

AFSA STRONGLY CONDEMNS SLEIGHT OF HAND MOVES BY ARIPO TO JOIN UPOV 1991, BYPASS NATIONAL LAWS AND OUTLAW FARMERS RIGHTS

PRESS RELEASE FROM ALLIANCE FOR FOOD SOVEREIGNTY IN AFRICA

Addis Ababa, Accra 3 April 2014

The Alliance for Food Sovereignty in Africa (AFSA)1 strongly condemns the move by the African Regional Intellectual Property Organisation (ARIPO) to join UPOV 1991, which will effectively outlaw the centuries-old African farmers? practice of freely using, exchanging and selling seeds/propagating material. These practices underpin 90% of the agricultural system within the ARIPO region.2

AFSA has learnt that the Secretary General of ARIPO, on 6 March 2014, requested the UPOV Council to consider the Draft ARIPO Protocol for the Protection of Plant Varieties (?Draft Protocol?) for its conformity with the UPOV 1991 Convention3. If at the UPOV meeting to be held in Geneva on 11 April 2014, the UPOV Council decides that the Draft Protocol is indeed in conformity with UPOV 1991, and that ARIPO member states that ratify the Draft Protocol can join UPOV 1991, the implications will be far reaching.

According to Duke Tagoe from Food Sovereignty Ghana, a grassroots movement aggressively and successfully opposing Ghana?s Plant Variety Protection Bill, ?this will mean that our government in Ghana, who has been struggling to pass our Plant Variety Protection (PVP) Bill because of local resistance

AFSA?S COMMENTS ON ARIPO?s RESPONSES TO CIVIL SOCIETY: DRAFT LEGAL FRAMEWORK FOR PLANT VARIETY PROTECTION

At the 2013 November meeting of the Administrative Council and Council of Ministers of ARIPO countries held in Kampala, Uganda, several documents on the proposed legal framework for Plant Variety Protection were distributed. Also circulated was a Matrix1 containing ARIPO?s responses to a detailed submission by civil society organizations (CSO) dated 6th November 20122. In this AFSA Comments, we respond to this Matrix, which is evasive, baseless and shows that ARIPO?s assertions that the views and comments of civil society have been taken into account is simply false.

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ARIPO’S PLANT VARIETY PROTECTION LAW BASED ON UPOV 1991 CRIMINALISES FARMERS’ RIGHTS AND UNDERMINES SEED SYSTEMS IN AFRICA

The Alliance for Food Sovereignty in Africa[1] is gravely concerned about a draft law developed under the auspices of the Africa Regional Intellectual Property Organisation (ARIPO), dealing with a harmonised regional legal framework for the protection of plant breeders’ rights, titled “Draft Regional Policy and Legal Framework for Plant Variety Protection”. The ARIPO legal framework, if approved, will make it illegal for farmers to engage in their age-old practice of freely using, sharing and selling seeds/propagating material; a practice that underpins 90% of the smallholder agriculture systems in sub-Saharan Africa.

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