Tag Archive: PVP

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

Investments in the Beira Corridor in Mozambique: threats to farmers’ seed and food systems

The African Centre for Biodiversity (ACB) in partnership with the União Nacional de Camponeses (UNAC, National Peasants Union), and Kaleidoscopio has today released preliminary findings in a research project: ‘Agricultural investment activities in the Beira Corridor, Mozambique: Threats and opportunities for small-scale farmers.’ Joining Zimbabwe, Zambia and Malawi to the coast of Mozambique, the Beira Corridor plays a central role in the expansion of the Green Revolution project in Southern Africa.

The multi-donor Beira Agricultural Growth Corridor (BAGC) initiative has been established as   Mozambique’s entry point for the Alliance for a Green Revolution in Africa (AGRA). The report explores small-scale farmers’ agro-ecological dynamics related to seed and soil fertility in Mozambique and the expansion of the Green Revolution project. The report considers the changing seed system in Mozambique, and the possible effects of regional seed agreements and laws on farmer-managed seed systems. The report also discusses private agro-dealers as key delivery mechanisms for Green Revolution technologies, especially improved seed, fertilizers and agrochemicals.

In Mozambique, most seed is still reproduced by farmers themselves, with some public sector and commercial activity. Mozambique’s plant variety protection (PVP) law prohibits farmers from reproducing and reusing protected seed varieties, even if these varieties are

AFSA CALLS ON AFRICAN GOVERNMENTS AT ARUSHA MEETING TO SHUN PROTOCOL THAT UNDERMINES SOVEREIGNTY & FARMERS’ RIGHTS TO SEED

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2 July 2015

Nineteen African nations, members of the African Regional Intellectual Property Organization (ARIPO), began deliberating on the highly contentious draft ARIPO Plant Variety Protection (PVP) Protocol on Monday, 29th June in Arusha Tanzania. Many of these nations are least developed countries, the poorest and most vulnerable countries in the world.

If adopted, the Protocol will establish a centralised plant variety protection (PVP) regime modeled on the heavily criticised 1991 Act of the International Union for the Protection of New Varieties of Plants (UPOV 1991). Such a PVP regime will vest enormous decision-making powers in the ARIPO PVP Office (which has no experience in PVP matters), and totally undermine the sovereignty of member states to regulate plant breeder’s rights. Crucially, the Protocol will nullify the rights of farmers to freely save, use, exchange and sell farm-saved seed and other propagating material. This practice is the backbone of agricultural systems in Africa, providing food and nutrition for hundreds of millions of Africans on the continent.

AFSA has been extremely vocal in challenging the legitimacy and credibility of the process leading to the development of the Draft Protocol as well as the Protocol itself. A particular concern is that the

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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ACB’s comments on the Plant Breeders Rights Bill

We are grateful to the Department of Agriculture, Forestry and Fisheries for allowing us the opporunity to attend the stakeholder workshop on the 22nd of May 2013 and for inviting us to submit our comments on the Plant Breeders? Rights Bill. We are also pleased to note that the DAFF has indeed taken on board several comments and contributions made by the ACB in previous submissions and consultations on the previous version of the Plant Breeders? Rights Bill.

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NEW SEED LEGISLATION SPELLS DISASTER FOR SMALL FARMERS IN AFRICA

Civil society organisations from the SADC region, and around the world have condemned the SADC draft Protocol for the Protection of New Varieties of Plants (Plant Breeders? Rights) as spelling disaster for small farmers and food security in the region. These groups, representing millions of farmers in Africa and around the world have submitted their concerns to the SADC Secretariat. They are calling for the rejection of the Protocol and urgent consultations with farmers, farmer movements and civil society before it?s too late.

According to the groups, the Protocol is inflexible, restrictive and imposes a ?one-size-fits-all? plant variety protection (PVP) system on all SADC countries irrespective of the nature of agricultural systems, social and economic development. It is modeled after the 1991 International Convention for the Protection of New Varieties of Plants (UPOV 1991), an instrument which was developed by industrialized countries to address their own needs. UPOV 1991 grants extremely strong intellectual property right protection to plant breeders, and disallows farmers from continuing their customary practices of freely using, exchanging and selling farm-saved seeds.

According to Moses Shaha, regional chairman for the East and Southern African small-scale Farmers? Forum (ESAFF): ?The proposed legislation gives big-business breeders significant rights,

Civil Society submission on SADC PVP Protocol

This document represents the submission by more than 80 civil society organisations from the SADC region, other parts of Africa and around the world to the SADC Secretariat. These groups representing millions of farmers have condemned the SADC daft Protocol for the Protection of New Varieties of Plants as spelling disaster for small farmers and food security in the region. They are calling for the rejection of the Protocol and urgent consultations with farmers, farmer movements and civil society before any further work is undertaken.

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Harmonisation of Africa?s seed laws: death knell for African seed systems

The African Centre for Biosafety (ACB) has released its new report titled, ?Harmonisation of Africa?s seed laws: a recipe for disaster- Players, motives and dynamics. The report shows how African governments are being co-opted into harmonising seed laws relating to border control measures, phytosanitary control, variety release systems, certification standards and intellectual property rights, to the detriment of African small-holder farmers and their seed systems.

According to Mariam Mayet of the ACB, ?The effect of these efforts, which are being pushed through African regional trading blocs such as COMESA and SADC[1] include:

  • facilitating the unlawful appropriation and privatization of African germplasm;
  • providing extremely strong intellectual property protection for commercial seed breeders and severely restricting the rights of farmers to freely use, exchange and sell farm-saved seeds;
  • facilitating the creation of regional seed markets where the only types of seed on offer to small scale farmers are commercially protected varieties; and
  • threatening farmer- managed seed systems and markets.?

The report shows that harmonized intellectual property rights (plant variety protection-?PVP?) over seeds are all based on the 1991 Act of the International Union of the Protection of Plant Varieties (UPOV 1991). UPOV 1991 was developed by industrialized countries more than

Harmonisation of Africa?s seeds laws: a recipe for disaster

The core of the paper is focused on the pressures being exerted on African governments to adopt the 1991 Act of the International Union for the Protection of Plant Varieties (UPOV), particularly through regional harmonisation of plant variety protection (PVP) policies and laws. We also discuss the adverse impacts PVP laws will have on the exercise of farmers? rights in Africa, and concomitantly, on agricultural biodiversity, food security, livelihoods, knowledge systems and culture.

Seeds are the very basis of human society and have been for all of human history. Until very recently, farming and seed breeding were undertaken by farmers on their own land, season after season. However, we are now witnessing the separation of these two interdependent activities, with seed breeding increasingly being privatised and farmers becoming increasingly dependent on seed varieties made available to them at the discretion of seed companies. This process of separation began in Europe and North America at the turn of the nineteenth century, and continues today in developing countries and developed countries alike.

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ARIPO?s PVP law undermines Farmers? Rights & Food Security in Africa

(Dar es Salaam, Harare, Kampala, Johannesburg). The African Regional Intellectual Property Organization (ARIPO) has proposed a draft regional harmonized policy and legal framework on Plant Variety Protection (PVP), based on the International Union for the Protection of New Varieties of Plants (UPOV) Convention of 1991. The draft legal framework, if adopted, will have significant adverse consequences for small-scale farmers that dominate the agricultural landscape of ARIPO member states,1 as well as for food security, agricultural biodiversity and national sovereignty in Africa.

African civil society organizations (CSO) have submitted a detailed critique to ARIPO on the 6 November 2012, expressing their grave concerns with regard to the fundamentally flawed process involved in developing the draft PVP policy and legal framework, as well as with the legal framework itself. According to Mariam Mayet of the African Centre for Biosafety ?The legal framework will not only facilitate the theft of African germplasm and privatization of seed breeding. It will ensure the unhindered creation of a commercial seed market, where the types of seeds on offer are restricted to commercially protected varieties within a context where farmers? rights to freely use, exchange and sell farm-saved seed are seriously eroded.?

The African