b'SINCE YOU ASKEDBY: NIELS LOUWAARSCAN PEACE BE FORGED BETWEEN BREEDERS RIGHTS AND FARMERS RIGHTS?THE POLICY MAKERSfarmers cannot claim the same farmers CHALLENGE. rights that peasants have.Breeders rights provide for the necessaryThe two concepts have different back-investments in plant breeding. It protectsgrounds and focus, which should allow the breeding company primarily from otherthem to operate side by side pretty well. seed companies pirating on their work,Both rights could thus be framed without and secondly from farmers competing innegatively affecting each other when defi-the market of protected variety farm-savednitions can be formulated that can allow for seeds. It also provides public breeding withproper enforcement. a mechanism to interest seed producers to take their varieties to farmers. ExceptionsCOMMERCIAL VALUE CHAIN are created for the use of protected varie- VERSUS HOUSEHOLD FOOD ties for further breeding, for farmers reuseSECURITYof seed of crops determined at the nationalIndia has attempted to organize both rights level, and for the private and non-commer- in one law in 2004. After over 20 years of cial use of seed.operation, the country is ready to adapt cer-Farmers rights have been defined intain interpretations on the basis of expe-the International Treaty on PGRFA asriences.This was one of the outcomes of rights arising from the farmers contribu- a webinar, organized by SeedNL and the tion towards the conservation and develop- Asia and Pacific Seed Association (APSA). ment of our crops. These include the rightmoral obligations above and beyond legalThe distinction between commercial and of farmers to save, use, exchange and sellrights. non-commercial sales of seed does not pres-farm saved seed (subject to national lawBut, the two concepts have differentent principal objections. For the breeders, it and as appropriate). These rights have beenbackgrounds and focus, which should allowis rather the handling of real infringements reconfirmed in Article 19 of the (non-le- them to operate side by side pretty well.and issues like temporary protection, and gally binding) UN Declaration on PeasantsBoth rights could thus be framed withoutEDVs, that are limiting.and Other People working in rural areasnegatively affecting each other when defi- The Indian system clearly does not give (UNDROP) in 2018. nitions can be formulated that can allow forenough incentive to private investment in Both breeders rights and farmersproper enforcement.breeding major self-fertilizing food crops rights are to be defined and implemented atfor the many smallholder farmers. This the national level, so national policy makersTOWARDS SOLUTIONS may be an unintended effect of the law need to formulate these rights as to theirDEFINITIONSor a deliberate choice providing public needs. Experiences of some 25 years showIntellectual property rights create a mar- research a clear task for breeding for those that this can be quite a challenge. ket-based incentive. The breeders rights aretarget groups. On the farmers rights side, based on the commercial value chain fromit appears that public support to the mul-BALANCING PURPOSES? breeding to the marketing of food and othertitude of farmers initiatives to strengthen Breeders rights have a clear purposetheplant-based products. The right of farmers,their seed systems through the gene fund or provision of possibilities for breeders toor better worded in UNDROP, peasants,otherwise, falls short.share in the benefits arising from the valueto exchange and sell seeds sounds commer- It would be good for countries like in the seed value chain. More breedingcial. But when two farmers exchange seedsIndia to bring their system in line with the provides more choice for farmers. Farmersfor producing the crop primarily for homeinternationally agreed rules, which may rights are either considered a stimulus forconsumption, then commercial is out ofneed to be re-interpreted wisely on small continued conservation and development ofplace. It is further clear that the transactionpoints. That would not only bring these genetic resources (ITPGRFA) or as a basicis among farmers, and that traders, eithercountries into the UPOV family, but it may right (UNDROP). at the local market or distributing brown- also create an example for other countries to The debate about these rights has allbagged seed from the back of the truck,formulate their farmerswithout focusing on characteristics of a trench war: attackingcannot be involved. The farmers who mayextreme calls for all farmers. It is high time each other over-and-over again; a deafen- sell some farm-produced seed to their fellowto leave the trenches and develop construc-ing exercise eventually leading to a lobbyfarmers can at the same time be commercialtive dialogue. with all tricks available, from forum shop- for other crops that s/he produces primar-ping to legal nitpicking. Lawyers may claimily for the market. For those seeds he thusNiels Louwaars is the Managing Director at that most human rights are not enforceable;has to abide by commercial rules, includingPlantum. This article does not necessarily reflect others may claim that these rights providePlant Breeders Rights (PBR). Commercialthe views of all Plantum members.NOVEMBER 2025|SEEDWORLD.COM/EUROPEISEED WORLD EUROPE I 29'