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IPR, Seeds and Farmers’ Rights

IPR, Seeds and Farmers’ Rights. EMERGING ISSUES - Ditdit Pelegrina, SEARICE. IPR (intellectual property rights) on seeds. Exclusive proprietary rights on seeds Argued as driving force for innovation and pre-condition for investments

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IPR, Seeds and Farmers’ Rights

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  1. IPR, Seeds and Farmers’ Rights EMERGING ISSUES - Ditdit Pelegrina, SEARICE

  2. IPR (intellectual property rights) on seeds Exclusive proprietary rights on seeds Argued as driving force for innovation and pre-condition for investments Japan-Philippines; US-Philippines - with conditions on patent and plant variety protection US-Singapore: patent protection for transgenic plants and animals US-Morroco: patent protection for plants and animals US-Vietnam: plant variety protection Comes in different forms - patents, plant variety protection, geographic indication

  3. Source: ETC Group, 2008

  4. Global Proprietary Seed Market 2009: US$32B US$18B increase from 2001 fgures Attributed to increased use traits and stacked trait corn (GM corn) in South America Vegetable seed industry: US$3.8B

  5. Growing business In 2000 Dow (US) with 30% pending applications on gene sequences for corn Ribosome (US) with 72% application for potatoes Dupont (US) with 41% application for wheat genes 2010: increasing trend towards patenting products of conventional breeding (not GMOs) Test case under EPO: brocolli (Bioscience) - patent application on seeds and breeding method wrinkled tomato (Israel) - ‘essentially biological processes’

  6. Review of some patent application on plants in the Philippines (as inventions) Rice transposone gene by Japan Science and Technology Agency Process of transformation of rice using transposon gene + transformed rice (seeds and plants) + methods of use - Japan Science and Technology Agency Seed production of hybrid rice - Peijin Huang by Hainan Province, China Herbicide resistant rice - Timothy Croughan of USA Method of breeding rice plants of new variety with resistance to herbicides - Hokko Chemical Industry, Japan

  7. Impacts of IPR Control over seeds and food and agriculture production Form of enclosure for farmers and for consumers (we pay for these IPR) Limits research: need to pay for the license to use the genes or the seeds for research Privatization of resource: genetic resource Limits access by poor farmers on materials unless it is paid for (other side: creates dependency) Goes against Farmers’ Rights to save, use, sell and exchange seeds Cornerstone of rich agricultural biodiversity - the base for our food security

  8. TRENDS: SEED TECHNOLOGY

  9. Remains untapped, not priority area • Farmers supply bulk of seeds Supplies 80-90% of seed requirement informal seed system by farmers Photo: CBDC-Nan

  10. Actual partition of rice seed supply in Vietnam Formal sector Informal sector Seed Centers and State-owned Enterprises Farm-saved seed The total seed requirement Local Trading and Exchange Private companies From Presentation of Michael Turner, Danida

  11. Farmers seed system Important seed source Need for farmers to have control over their seeds especially in time of climate change Need for access to old and new materials Need to be ‘protected’ from IPR and mis-appropriation as part of upholding Farmers’ Rights over seeds

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