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The Inventory |
| This online version of the Inventory presents, for each measure, the title and a brief description with information on implementing organization(s), start year, objectives, core elements, key outcomes, and, if applicable, lessons learned. It thus allows users to quickly identify those examples that may be of interest to them. A hyperlink to the original submission is provided, which includes additional information, such as on the history and context of the presented measure, challenges encountered, or target groups reached. In this way, users can get a more comprehensive idea of the measure in question and the specific context for which it was developed. |
| To facilitate navigation, the Inventory is subdivided into eleven categories. Measures or practices that fall under more than one category are listed under each one that applies. Furthermore, information is provided on the type(s) of measures that are typically involved, such as technical, administrative, legal, and/or others, and on the relevant sub-article of Article 9 that is addressed. Additional search options allow searching by country, region, free text and keyword. |
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111) 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.
Category: 1.Recognition of local and indigenous communities’, farmers’ contributions to conservation and sustainable use of PGRFA, such as awards and recognition of custodian/guardian farmers
Type of measure/practice: Administrative; Legal
112) Exceptions to IP rights (the private and non-commercial use exception and the farm saved seed exception)
Plant breeder’s rights is a time-limited intellectual property right on plant varieties, limited through exceptions. The objective is to balance the interests of breeders and farmers and to create a system where both parties benefit. Acts done privately and for non-commercial purposes are exempted from the scope of the plant breeder’s right. Thus, subsistence farmers who carry out their normal practices can be covered by the private and non-commercial use exception. There is also an optional exception, the farm-saved seed exception or agricultural exception (Article 15(2) UPOV 1991 Convention). This exception, under certain conditions, allows farmers to use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting, on their own holdings, the protected variety. According to UPOV Explanatory Note (UPOV/EXN/EXC/1), "small farmers" with small holdings might be permitted to use farm-saved seed to a different extent and with a different level of remuneration to breeders than "large farmers". In EU law, for example, small commercial farmers are exempted from the payment of remuneration on the use of farm-saved seed. Many UPOV members have implemented both the private and non-commercial use exception and the optional farm-saved seed exception in their national laws.
Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.
Type of measure/practice: Administrative; Legal
113) Implementation of EU directives on conservation and amateur varieties, and preservation mixtures
Since 2009, Germany has translated several European directives, which aim to promote sustainable use of plant genetic resources, in national ordinances. Landraces and varieties naturally adapted to the local and regional conditions and significant for the conservation of plant genetic resources can be accepted for inclusion in the national list of registered varieties as ‘conservation varieties’. Vegetable varieties with no intrinsic value for commercial crop production can be registered as ‘amateur varieties’. Less stringent uniformity requirements apply to such varieties. Only limited amounts of seed of these varieties may be marketed. The seed does not require official certification but must meet the requirements for certified seed (agricultural varieties) or standard seed (vegetable varieties). The Federal Plant Variety Office (BSA) has registered 131 amateur and 48 conservation varieties as of June 2019.
Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.
Type of measure/practice: Administrative; Legal
114) Community Seed Bank model as a platform for seed multiplication and distribution including adapted farmer varieties
This practice was conducted through the project "Harnessing dryland legume and cereals genetic resource for food and nutrition security and resilient farming systems in Malawi and Zambia" which started in 2019, and implemented by ICRISAT, together with the Department of Agricultural Services (DARS) in Malawi, the Zambia Agricultural Research Institution (ZARI) and farmer associations with funding from the Benefit-sharing Fund. The main objectives are to support farmers to sustainably use and conserve PGRFA for food and nutrition security and to build capacity of smallholder farmers to use improved varieties for food and nutrition security to enhance resilience in production in the face of climate variability, while realizing sustained incomes among women and youth. The project promoted community seed bank modelling as a platform for seed multiplication and distribution. Activities include: organization of farmers’ seed clubs; training on seed production and agribusiness; and establishment of demonstration trials for seed production and dissemination campaigns. The main outcomes: farmers are supported to maintain and conserve agrobiodiversity in areas vulnerable to climate change and food insecurity; enhanced availability of quality seeds, improved and/or farmer varieties and enhanced equity. The main lesson learned is that linking farmers to cooperatives and provisioning of appropriate training is important.
Category: 6.Facilitation of farmers’ access to a diversity of PGRFA through community seed banks, seed networks and other measures improving farmers’ choices of a wider diversity of PGRFA.
Type of measure/practice: Technical
115) Global consultations on Farmers' Rights
Norway, in cooperation with research organizations of the respective host country and the Fridtjof Nansen Institute, has been involved in three global consultations on Farmers' Rights, which took place in Lusaka, Zambia in 2007, Addis Ababa, Ethiopia in 2010 and in Bali, Indonesia in 2016. All consultations sought to involve a wide range of participants, representing various stakeholders and regions. All consultations shared the purpose of producing constructive proposals to the sessions of the Governing Body regarding how to further enhance the implementation of Farmers' Rights. The second consultation consisted of an e-mail-based survey and an international conference with regional components, allowing more experts and stakeholders to participate. Participants actively engaged and shared views, experiences and examples of best practices relating to the implementation of Farmers’ Rights and discussed issues affecting their realization. Besides providing information to contracting parties and the Governing Body, these consultations have also strengthened the national implementation of Farmers' Rights in some countries and contributed to awareness raising among government representatives and other stakeholders. The documented experiences could thus serve as examples of options for encouraging, guiding and promoting the realization of Farmers’ Rights.
Category: 9.Training, capacity development and public awareness creation
Type of measure/practice: Others