Original news and analysis on international IP policy
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.
When countries belong to several international instruments, some aspects of those instruments may run contradictory to one another. A symposium held recently by the International Convention for the Protection of New Varieties of Plants (UPOV) sought to explore the interrelations between the convention and the international treaty on plant genetic resources for food and agriculture. Farmers' rights lie at the intersection of the two treaties and while some find the treaties complementary, some others view them as contradictory on farmers' rights. Meanwhile, farmers themselves have been blocked from participating in deliberations.
A global consultation on farmers’ rights recently co-organised by Indonesia and Norway provided recommendations to the international plant treaty, calling for the establishment of an ad hoc working group on farmers’ rights. They also recommended that contracting parties of the treaty revise their intellectual property laws and other legislation that may create obstacles for the realisation of farmers’ rights.
When a harvested material from a protected plant variety, such as seeds, is used for further sowing and cultivating, royalties need to be paid to the breeder of this protected variety. However, according to breeders, farm-saved seeds are sometimes used as an excuse to avoid paying royalties, and clear definitions should be established internationally. Conversely, small farmer associations think that once farmers buy a protected variety, they should be able to re-use those seeds, exchange or sell them.
The International Union for the Protection of New Varieties of Plants (UPOV) organised a Seminar [pdf] on Propagating and Harvested Material in the Context of the UPOV Convention on 24 October.
A new report by civil society groups defending the right to food and nutrition lays bare threats to seeds and biodiversity created by intellectual property rights, and calls for states to respect their human right obligations to protect small farmers’ right to seeds and food security.