Food and Agriculture Organization of the United Nations  
International Treaty on Plant Genetic Resources for Food and Agriculture

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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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    Number of records: 233

    231) Right to save seed under the Plant Variety Protection Act (PVPA)

    The U.S. Plant Variety Protection Act (PVPA) encourages the development of novel varieties of sexually and certain asexually reproduced plants and makes them available to the public, providing protection available to those who breed, develop, or discover them, and thereby promotes progress in agriculture in the public interest. The PVPA was first enacted in 1970; under this law, farmers have the right to save seed of a protected variety for use on their own land as long as no other agreements have been established between the breeder and farmer, which may restrict this.

    Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

    Type of measure/practice: Legal

    232) Policy analysis to identify gaps in the legal framework for seed regarding the implementation of Farmers' Rights in Burkina Faso

    In 2017, the sub-regional civil society organization Comité Ouest-Africain des Semences Paysannes (COASP), as a member of Convergence Globale des Luttes pour la Terre et l’Eau and in colla¬boration with Réseau Mondial pour le Droit à l’Alimentation et la Nutrition (both networks to promote environmental rights and the right to food), conducted an analysis of the current normative framework relating to seed in Burkina Faso. The objective was to understand the implications of the transformation of seed systems in Burkina Faso from the perspective of farming communities and their rights to seed. The analysis resulted in the following key observations: (1) farmers’ seeds and seed systems are of crucial importance for food security and sovereignty as well as biodiversity conservation; (2) farming communities exercise their rights over seeds mainly through their seed systems; (3) the realization of Farmers' Rights thus depends on the recognition and legal protection of farmers’ seeds and seed systems. However, the current normative framework has significant shortcomings in this regard. The in-depth analysis of the normative framework has created the basis for a policy dialogue between farmers’ and civil society organizations and the government on the adoption of appropriate measures for the realization of Farmers' Rights.

    Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

    Type of measure/practice: Others

    233) Recognizing Farmer’s Rights to freely save, use, exchange and sell farm-saved seed/propagating material of patented plants and plant material

    Since patent laws do not normally allow the use of a patented plant, plant part or DNA sequence for the development of a new variety, the growing number of patents on plants across the world will decrease the gene pool from which farmers and breeders can source freely the seeds and breeding materials they want. In addition, patents may inhibit farmers’ traditional farming practices of using, exchanging and selling farm-saved seed that contains patented material. Despite the fact that the WTO TRIPS Agreement allows countries to exclude plants (and animals) from patentability (Article 27.3.b), developed countries and 60% of all emerging economies and developing countries allow for the patenting of plants or parts thereof. This submission briefly discusses 1) how countries can exclude patent protection for plants, including plant varieties, biological materials, and essentially biological processes for the production of plants. In case countries do allow patents on plants, this submission discusses 2) how countries can limit the scope of patents relating to plants and 3) possible exceptions to the exclusive rights normally granted by a patent.

    Category: 10.Legal measures for the implementation of Farmers’ Rights, such as legislative measures related to PGRFA.

    Type of measure/practice: Legal