Original news and analysis on international IP policy
KAMPALA, Uganda -- Several genetically modified crops that are more resilient to drought, flooding, saline or acid soils and temperature extremes resulting from climate change are already being researched in Uganda and are in advanced stages. The enactment of an enabling law, the Uganda National Biosafety Bill 2017, is intended to enhance the development of modern biotechnology.
As the biennial World Trade Organization Ministerial Conference is drawing closer, a number of stakeholders are pushing for their priorities to be heard. For its part, the Food and Agriculture Organization of the United Nations (FAO) has called on WTO members to protect smallholder farmers.
Can the farmer seed system most widely used in the world, and the system of seeds produced by plant breeders certified and protected by intellectual property rights, be complementary? The question was addressed during a recent webinar organised by the Global Forum on Agricultural Research, with no easy answers. In particular, speakers mentioned several challenges, including the lack of a common agreement on what are farmers' rights, and the inability for small farmers to register their seeds so they are protected, in particular against biopiracy.
The right of farmers to use, exchange and sell farm-saved seeds should be ensured through national laws and a revision of the International Union for the Protection of New Varieties of Plants (UPOV), so the objectives of another United Nations international treaty on plant genetic resources can be fulfilled, a recent research paper states.
The Germany-based OpenSourceSeeds initiative this month started to offer open source-licensed seeds in an effort to strengthen a form of “copyleft” for new plant varieties. The goal, according to the organisation established by academics, activists and breeders and establish a non-private seed sector as a second pillar alongside private plant breeding.
Civil society and farmers allege communication blackout from by the African Regional Intellectual Property Organization (ARIPO) about a protocol protecting new plant varieties. The 2015 protocol was highly criticised by those organisations as endangering traditional practices of African farmers. Draft regulations could not be adopted in December, but the regional organisation, according to the civil society and farmer groups, is keeping the outcome of the December meeting secret.
An international civil society tribunal has found that agro-business multinational Monsanto conducts activities that violate basic human rights. The five international judges of the Monsanto Tribunal presented their condemning verdict yesterday.
The International Union for the Protection of New Varieties of Plants (UPOV) governing body is meeting this week, along with its technical, and consultative committees. On the agenda is a potential international system of cooperation, disputed by civil society. Separately, Benin, a least-developed country, appears to be in the process of ratifying the UPOV convention, raising questions since a regional organisation of which Benin is part already joined UPOV in 2014.
The role of farmers in agricultural innovation can be perceived in different ways. Proponents of intellectual property rights view farmers mainly as recipients of innovation, while others view farmers as main drivers of innovation. Considering those seemingly contradictory points of views, some measures could help reconcile IP rights and farmers' rights, a UK professor in international governance has said.
The Harare Protocol on Patents, Industrial Designs and Utility Models has been amended. The amendments were adopted by the 40th Session of the African Regional Intellectual Property Organization (ARIPO) Administrative Council, and came into operational effect from 1 January 2017.
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The United Nations Special Rapporteur on the Right to Food, civil society, and farmers' representatives have raised serious concerns on the upcoming adoption of draft regulations of a protocol protecting breeders' rights in Africa. Civil society groups and farmers' representatives have been blocked from participating in the meeting expected to adopt the regulations, according to them. The Special Rapporteur is calling for a halt to the process, and for starting again with a more transparent, inclusive, and evidence-based process.