The Netherlands
June 24, 2015
Please find below the link to our latest publication A Differentiated Approach to Plant Variety Protection in Africa. This discussion paper explores plant variety protection from an Integrated Seed Sector Development (ISSD) approach by looking at the potential benefits and drawbacks of a Plant Variety Protection system for different seed systems. The authors propose a differentiated approach to plant variety protection, which sets different levels of protection for different crops in relation to different categories of farmers, in order to support both commercial and farmer-managed seed systems.
You are invited to comment on the proposed approach by sharing your opinion and suggestions on the ISSD website. Your comments will be responded to by the authors and other readers are invited to join in the discussions. All comments and suggestions will directly feed into the further positioning on matters of Plant Variety Protection within the national and regional ISSD programs.
The discussion paper can be downloaded here: http://ssrn.com/abstract=2619763
Comments and suggestions can be posted here: http://www.issdseed.org/resource/differentiated-approach-plant-variety-protection-africa
Kind regards,
Bram De Jonge
Peter Munyi
Law Group, Wageningen University, The Netherlands
IP Unit, University of Cape Town, South Africa
A Differentiated Approach to Plant Variety Protection in Africa
Bram De Jonge
Wageningen UR - Law and Governance Group
Peter Gitahi Munyi
Wageningen UR - Law and Governance Group
June 17, 2015
Abstract:
Several African countries and regional organisations are investing in the establishment of a plant variety protection system modelled on the UPOV 1991 Convention, which currently provides the strongest, international standard for plant variety protection. Whereas proponents argue that strong protection of breeder’s rights will incentivize breeding and the introduction of new varieties for farmers, opponents fear that the proposed legal framework is unsuitable for African countries as it may hamper traditional farming practices of using and exchanging farm-saved seed. These informal or farmer-managed seed systems supply more than 80% of the total food crop seed used by farmers. The challenge for African countries is to strike a balance between protecting the interests of breeders through the incentive function of plant breeder’s rights for the commercial market, and the leeway that needs to be provided to smallholder farmers that depend on informal sources for their seed security and survival. And to do so in a practical and legally enforceable manner. This paper explores how African countries and regional organisations can establish such balance through a differentiated approach to plant variety protection, which sets different levels of protection for different crops in relation to different categories of farmers.
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