National IPR tools and measures supporting Article 9 of the ITPGRFA: the farmers’ privilege

In Switzerland, several intellectual property right tools and measures are mutually supportive to Article 9 of the Treaty, including the farmers’ privilege. The farmers’ privilege was introduced in 2008 in the Federal Law on the Protection of New Varieties, which is under the lead of the Federal Office for Agriculture (FOAG). The Federal Council has determined 23 plant species to which it applies. Farmers who make use of the farmers’ privilege do not have to pay any remuneration to the holder of the plant breeders’ rights. In parallel, the farmers’ privilege was also introduced in 2008 in the Federal Act of 25 June 1954 on Patents for Inventions, which is under the lead of the Swiss Federal Institute of Intellectual Property (IPI). Farmers who have acquired plant reproduction material placed on the market by the proprietor of the patent or with his consent may reproduce, on their own farm, the product from this material cultivated on their own farm. The farmers’ privileges have been developed based on UPOV ’91 and other relevant international IPR agreements but not on provisions of the ITPGRFA. Yet, they are mutually supportive to Article 9 of the ITPGRFA.