Official Newsletter of the WANA Seed Network
No. 33,
July 2007
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News, views, comments, and suggestions on varieties and seeds are included in this section. It is a forum for discussion among professionals in the seed sector.
Intellectual Property: TRIPS or DRIPS?
The WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) has triggered an important debate on the legal protection of innovations in many countries. The seed sector benefits from a specific clause in the TRIPS agreement which allows countries to exempt plant varieties from patent protection. Patents commonly lead to the accumulation of different rights in one variety, which makes plant breeding a very complicated activity.
Plant Breeder's Rights are much more appropriate with a clear definition of the subject matter (the variety) and scope of protection. However, the latest UPOV Act (of 1991) is difficult to implement in many developing countries, particularly those that value the concept of Farmers' Rights (laid down in FAO's International Treaty). The UPOV clause restricting any transfer of seed of protected variety among farmers (whether commercial or through barter or gifts) without the authorization of the breeder looks good from the point of view of commercial seed production. However, when this clause cannot be implemented at the local level, it may undermine the credibility of the whole protection system. The World Bank suggested designing the breeder's rights according to the goals; and distinguishing between commercial, potentially commercial and non-commercial crops based on opportunities for the development of market-oriented seed industry.
Apart from the WTO agreement, many bilateral free trade agreements between the US or EU and developing countries contain clauses to harmonize IPRs at levels higher than the minimum requirements of TRIPS. This reduces opportunities for developing countries to target their national IPR systems to specific national requirements. Giving trade objectives priority in the design of national IPR systems leads almost automatically to increased harmonization. Since IPRs are primarily designed to stimulate innovation and development, not to promote trade; countries should have freedom to give priority to the Development Related Aspects of Intellectual Property Rights (DRIPS). When DRIPS is given due importance in designing IPRs, harmonization will not be a goal in itself, but a specific outcome of explicit national policy.
After many years of debate, the World Intellectual Property Organization (WIPO) has recently started seriously working on its development agenda. It may create more space in the international debate on IPRs on development related aspects. This will benefit the poor, but it could also create more room for developing IPR systems in the breeding and seed sector that can be fully implemented in developing countries. This will eventually enable quick development of a credible system that supports the industry without creating unnecessary political noise.
Niels P. Louwaars, Centre for Genetic Resources, Wageningen University & Research Centre, the Netherlands; E-mail: Niels.louwaars@wur.nl
Morocco Accedes to UPOV Convention
Morocco became the sixty-second member of the International Union for the Protection of New Varieties of Plants (UPOV) on 8 September 2006. The purpose of the UPOV Convention is to encourage the development of new varieties of plants by granting breeders an intellectual property right based on a set of clearly defined principles. To be eligible for protection, varieties need to satisfy certain conditions, such as being distinct from existing, commonly known varieties and sufficiently uniform and stable. New varieties of plants are one of the most powerful tools to enhance food production in a sustainable way, to increase income in the agricultural sector and to contribute to overall development.
UPOV members are: Albania, Argentina, Australia, Austria, Azerbaijan, Belarus, Belgium, Bolivia, Brazil, Bulgaria, Canada, Chile, China, Colombia, Croatia, Czech Republic, Denmark, Ecuador, Estonia, European Community, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jordan, Kenya, Kyrgyzstan, Latvia, Lithuania, Mexico, Morocco, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Trinidad and Tobago, Tunisia, Ukraine, United Kingdom, USA, Uruguay and Uzbekistan.
UPOV is an intergovernmental organization based in Geneva. For further information please contact: UPOV Secretariat, Tel: +41-22- 338 9155; Fax: +41-22-733 0336; E-mail: upov.mail@upov.int; website: www.upov.int
ISF Annual Congress held in New Zealand
The International Seed Federation (ISF) 2007 Annual Congress took place on 21-23 May 2007 in Christchurch, New Zealand and was attended by 871 participants from 54 countries.
All the ISF Sections and Committees met during the Congress, discussed and prepared several position papers for adoption by the General Assembly. The following position papers were unanimously adopted: (i) Definition of hybrids; (ii) Implementation of Articles 14(2) and 14(3) of UPOV 1991 in relation to the phrase 'reasonable opportunity'; and (iii) Plant Genetic Resources for Food and Agriculture.
The Sections also adopted guidelines for the handling of a dispute on essential derivation on maize, oilseed rape and cotton. These guidelines complement those already adopted on ryegrass (2002) and lettuce (2004). These guidelines, combined with the ISF Regulation for the Arbitration of Disputes Concerning Essential Derivation, now give effective tools to breeders to defend their rights. All these documents are available on the ISF website www.worldseed.org.
The participants were also presented with guidelines on protection of hybrids, on the FAO Material Transfer Agreement adopted in 2006 and on the enforcement of PBR in case of illegal use of seed of protected varieties.
The Congress was followed by a one day workshop on enforcement of PBR with presentations by speakers from Europe, North and South America, Africa and Australia. Enforcement of Plant breeders' rights is difficult and the exchange of ideas among the workshop participants will certainly facilitate the development of anti-infringement strategies at national and regional levels. The main lessons can be summarized as follows:
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Communication with the putative infringers explaining the role and the scope of plant breeders' rights |
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Action in case of infringement of plant breeders' rights |
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Communication on the jurisprudence after action |
A motion on Uniform Rate of Registration for crop protection products for seed treatment on a crop-by-crop basis was also adopted by the General Assembly in order to facilitate the transboundary movement of seed.
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Mr Selwyn Manning awarded Honorary Life Membership during ISF Congress in New Zealand |
In addition to the technical discussions, the Congress was the scene of deal making among delegates in the trading floor. Participation in the Congress allowed the delegates to be better acquainted with the New Zealand seed industry. The ISF 2007 Congress once again proved fruitful in terms of technical discussions, trade and friendship.
Bernard, LeBuanec, ISF, Chemin du Reposoir 5-7, 11260 Nyon, Switzerland; E-mail: b.lebuanec @worldseed.org.
7th AFSTA Annual Congress held in Zambia
The Seventh Annual Congress of the African Seed Trade Association (AFSTA) was held 6-9 March 2007 in Livingstone, Zambia. The Congress was officially opened by H.E. Levy Patrick Mwanawasa, President of Zambia accompanied by the Minister for Trade, the Minster of Agriculture and Cooperatives, and other senior government officials.
About 180 participants from 33 countries attended the Congress including representatives from regional and international organizations: ISF, ISTA, UPOV, FAO, APSA, African Organization for Intellectual Property (OAPI), Eastern Africa Seed Committee (EASCOM), Common Market for Eastern and Southern Africa (COMESA), Southern Africa Development Community (SADC), and African Union (AU).
The Congress started with presentation on 'Towards a harmonized seed trade in Africa: coordination efforts between the regional economic communities' where representatives of Eastern Africa, Southern Africa and Western Africa presented their achievements and future programs to bring the harmonization process to conclusion. The other presentations included: (i) Development of private seed companies in Africa; (ii) Highlights of the MTA of the International Treaty on Plant Genetic Resources for Food and Agriculture; (iii) The importance of horticultural seed trade in Africa: particularities and appropriate rules for development; and (iv) Status of biosafety protocol for the commercialization of genetically modified seeds in Africa. All the papers of AFSTA Congress 2007 are available on request from the AFSTA Secretariat (afsta@afsta.org).
AFSTA continues to organize technical training related to seeds to build capacity of its members and dissemination of information on the progress in harmonization. AFSTA is a non-profit, non-political association representing the African seed industry, with 67 members in 34 countries.
Justin Rakotoarisaona, AFSTA, P.O Box 2428, 00202 KNH, Mamlaka Road, Utumishi Cooperative House, Nairobi, Kenya; E-mail: afsta@afsta.org
Brazil Hosted 28th ISTA Congress
The 28th Congress of the International Seed Testing Association (ISTA) was held from 6-12 May in Iguassu Falls, Brazil. It was organized by the Brazilian Seed Association (ABRATES) and was combined with their annual meeting. As a result, there was a record attendance of well over 1,000 participants, approximately 600 from Brazil and 500 from other countries. The location was a special attraction for the foreign participants, the Iguassu Falls being one of the most spectacular waterfalls in the world.
The Congress followed the established format with a three day Seed Symposium of scientific presentations followed by the Business Meeting of ISTA on 10 and 11 May at which the new President takes office and a new executive committee is elected. In addition there were open meetings of all the ISTA Technical Committees over the weekend of 5-6 May. This provided insights into their work, which is central to the technical function of ISTA. Three professional workshops were also held before the Congress on vigor, statistics, etc. Collectively, all these activities make the ISTA Congress by far the largest international gathering of seed technologists. Unfortunately, the CWANA region was not strongly represented; only Egypt and Turkey had voting delegates while Iran and Libya had active participants.
The theme of the Seed Symposium was 'diversity' and this was reflected in different ways in six sessions of oral presentations and posters, each introduced with a keynote address. The standard of presentations was very high which made it difficult to decide on the awards for the best presentations and posters.
The general meeting of ISTA is the occasion for discussion of technical matters, especially the approval of any changes to the 'Rules' for seed testing, as well as other administrative business of the Association. All technical committees presented their reports of work over the past three years, and plans for the next three years. One significant milestone was the accreditation in 2006 of the national seed laboratory in Hanoi, Vietnam as the 100th ISTA accredited laboratory since this new scheme was introduced in 1997. A special presentation was made by the outgoing President Mr Pieter Oosterveld to the official representative of Vietnam.
Another piece of good news was the increase in sales of the 'Orange International Certificate' during the past year which provides a significant part of the revenue for the association. While the Orange certificate is by far the most widely used, Green and Blue certificates also exist for special situations, and there are changes in prospect which could remove the Green certificate.
The presentations given during the Seed Symposium and the Minutes of the ISTA General Meeting can be found on the ISTA website at www.seedtest.org. It is difficult to single out specific items of business for special comment, but for all those who use the ISTA rules, the progressive assimilation of the Annexes into the main rules, is perhaps the most relevant issue. This is a large and very demanding task for those involved, but when complete, it should make the Seed Testing Rules more consistent and a 'user-friendly'.
On the last day of the meeting the new executive committee was elected and the official handover of the presidency of ISTA was made to Dr Katalyn Ertsey, the representative of Hungary. Dr John Hampton was elected First Vice-President for the next three years and will take over the presidency from the next Congress to be held in Cologne, Germany in 2010. The Annual Meetings of ISTA will be held in Bologna, Italy in June 2008 and Zurich in 2009.
Foreign participants at the Congress were impressed by the high level of interest in seeds in Brazil - as reflected in the number of participants from all parts of the seed industry, and the wide range of papers and posters. Agriculture is a key part of the national economy and this has promoted the development of a dynamic seed industry over the past 40 years or so with strong research, academic and regulatory institutions, all contributing to a dynamic commercial seed industry. The host country provided excellent hospitality, all which contributed to the strengthening of the 'family atmosphere' for which the association is well-known.
Michael Turner, Morningside, Edinburgh, Scotland, UK. E-mail: seedman@blueyonder.co.uk