What gifted people we have in the NFU. Another OP
ED on the Bill C-18 issue this time by Randall Affleck
from Prince Edward Island.
Cutting through the BS that is backed by the
corporate lackies and the self proclaimed "dumb
farmer from Killam"
"The Agricultural Growth Act, Bill C-18, is currently
before Parliament. It is an omnibus bill amending
nine separate pieces of agricultural legislation. The
changes vastly increase corporate control of seed and
will result in higher seed costs for farmers in the
future.
The Plant Breeders’ Rights Act (PBRA), adopted in
1990, confers to a breeder of a new plant variety, a
form of intellectual property rights similar to a
patent. The Plant Breeders’ Rights Office receives
between 300 to 400 applications per year with about
100 coming from Canada. This office has no role in
enforcement of a breeders’ right once granted. It is
up to the rights holder to pursue infringements
through the court system.
The International Union for the Protection of New
Varieties of Plants (UPOV) is an international
Convention of which Canada is a member state and
signatory. The purpose of UPOV Convention is to
standardize criteria, definitions, legislation and
regulations as they apply to plant breeders’ rights
among member states. Canada’s current PBRA is
based on the 1978 UPOV version which implicitly
recognizes that a farmer may use part of their harvest
for seed. The 1991 UPOV version gives extensive and
exclusive rights to plant breeders so that their
authorization is required for farmers to use harvested
material as seed. In order to ratify the UPOV ’91
Convention, Canada has to amend the 1990 PBRA.
This is exactly what Bill C-18 does.
At present, a PBR holder only has the exclusive right
to produce and sell seed. The proposed amendments
grant PBR holders the exclusive right to produce and
reproduce, condition, sell, export or import, and to
stock propagating material for 20 years (to
“condition” means to clean and/or treat seed and to
“stock” means to bag or store seed). This is a
significant expansion of intellectual property
protection and expands the legal avenues for seed
companies to pursue royalties. Further, the ability to
collect end-point royalties on the whole crop
following harvest if not previously collected on the
seed would be permitted with these changes. These
powers would only apply to varieties introduced after
the new Act comes into force. Existing varieties would
continue to be subject to the UPOV ’78 rules and
conditions.
To save, reuse, select, exchange and sell seeds is a
traditional practice and an inalienable right of
farmers. Government is proposing a “farmers’
privilege” section in this legislation. They claim that
this provides an exception to PBR-holders’ exclusive
rights to reproduce and condition seed. This
government-given privilege allows farmers to save
and condition seed, but notably absent is the ability
to stock the seed. What’s more, the power to limit the
farmers’ privilege provisions in the future through
regulations is also included in Bill C-18. What is being
proposed is truly a hollow privilege for farmers. The
big print giveth and the small print taketh away.
Canada’s variety registration process is an important
part of this story. Older varieties can be used by
farmers without payment of royalties and effectively
ensure market discipline on PBR varieties as a lower
priced option for farmers. In May 2013, the Canadian
Food Inspection Agency (CFIA) proposed a regulatory
change that would allow variety registrants, who are
often also PBR holders, to withdraw varieties on
demand, without criteria or reasons and no
mechanism for another entity to take over
responsibility for an abandoned variety so that
farmers can continue using it.
The Canada – EU Comprehensive Economic and Trade
Agreement (CETA), which the Government of Canada
recently agreed to in principle, would expand the
enforcement powers of PBR holders. While the text
has yet to be released to the public, the National
Farmers Union has studied the leaked draft text of
this agreement. CETA would permit the precautionary
seizure of a farmer’s assets upon alleged intellectual
property rights infringement. Further, the same asset
seizure powers could also apply to a third party, such
as a seed cleaner, if alleged to be assisting patent
infringement. If C-18 passes, these enforcement
tools would become available to seed companies
seeking to prosecute farmers for violating PBRA rules
and regulations.
The primary purpose of the C-18 measures is to
increase revenues for seed companies. Farmers will
eventually be bound to yet another agri-business
profit centre, this time via the seed. Litigation and the
gradual de-registration of publicly available varieties
will help persuade farmers to replace farm-saved
seed with seed purchased from the company every
year.
Farmers are being promised more variety research
and development, and more innovative new varieties
through this privatized system. However, farmers will
simply end up paying more royalties with no say in
how these funds would be used. Probably a reduced
level of research on regionally appropriate varieties
and less assurance that a registered variety can be
expected to perform as claimed. Farmers can
probably look forward to more correspondence from
Sue, Grabbitt, and Runne LLP Barristers & Solicitors,
along with additional forms to fill out on varieties
planted, yield history and annual sales.
For more information about UPOV ’91 and Bill C-18
please visit http://www.nfu.ca/issues/save-our-seed.
Randall Affleck of Lower Bedeque, is a National Board
member, National Farmers Union"
ED on the Bill C-18 issue this time by Randall Affleck
from Prince Edward Island.
Cutting through the BS that is backed by the
corporate lackies and the self proclaimed "dumb
farmer from Killam"
"The Agricultural Growth Act, Bill C-18, is currently
before Parliament. It is an omnibus bill amending
nine separate pieces of agricultural legislation. The
changes vastly increase corporate control of seed and
will result in higher seed costs for farmers in the
future.
The Plant Breeders’ Rights Act (PBRA), adopted in
1990, confers to a breeder of a new plant variety, a
form of intellectual property rights similar to a
patent. The Plant Breeders’ Rights Office receives
between 300 to 400 applications per year with about
100 coming from Canada. This office has no role in
enforcement of a breeders’ right once granted. It is
up to the rights holder to pursue infringements
through the court system.
The International Union for the Protection of New
Varieties of Plants (UPOV) is an international
Convention of which Canada is a member state and
signatory. The purpose of UPOV Convention is to
standardize criteria, definitions, legislation and
regulations as they apply to plant breeders’ rights
among member states. Canada’s current PBRA is
based on the 1978 UPOV version which implicitly
recognizes that a farmer may use part of their harvest
for seed. The 1991 UPOV version gives extensive and
exclusive rights to plant breeders so that their
authorization is required for farmers to use harvested
material as seed. In order to ratify the UPOV ’91
Convention, Canada has to amend the 1990 PBRA.
This is exactly what Bill C-18 does.
At present, a PBR holder only has the exclusive right
to produce and sell seed. The proposed amendments
grant PBR holders the exclusive right to produce and
reproduce, condition, sell, export or import, and to
stock propagating material for 20 years (to
“condition” means to clean and/or treat seed and to
“stock” means to bag or store seed). This is a
significant expansion of intellectual property
protection and expands the legal avenues for seed
companies to pursue royalties. Further, the ability to
collect end-point royalties on the whole crop
following harvest if not previously collected on the
seed would be permitted with these changes. These
powers would only apply to varieties introduced after
the new Act comes into force. Existing varieties would
continue to be subject to the UPOV ’78 rules and
conditions.
To save, reuse, select, exchange and sell seeds is a
traditional practice and an inalienable right of
farmers. Government is proposing a “farmers’
privilege” section in this legislation. They claim that
this provides an exception to PBR-holders’ exclusive
rights to reproduce and condition seed. This
government-given privilege allows farmers to save
and condition seed, but notably absent is the ability
to stock the seed. What’s more, the power to limit the
farmers’ privilege provisions in the future through
regulations is also included in Bill C-18. What is being
proposed is truly a hollow privilege for farmers. The
big print giveth and the small print taketh away.
Canada’s variety registration process is an important
part of this story. Older varieties can be used by
farmers without payment of royalties and effectively
ensure market discipline on PBR varieties as a lower
priced option for farmers. In May 2013, the Canadian
Food Inspection Agency (CFIA) proposed a regulatory
change that would allow variety registrants, who are
often also PBR holders, to withdraw varieties on
demand, without criteria or reasons and no
mechanism for another entity to take over
responsibility for an abandoned variety so that
farmers can continue using it.
The Canada – EU Comprehensive Economic and Trade
Agreement (CETA), which the Government of Canada
recently agreed to in principle, would expand the
enforcement powers of PBR holders. While the text
has yet to be released to the public, the National
Farmers Union has studied the leaked draft text of
this agreement. CETA would permit the precautionary
seizure of a farmer’s assets upon alleged intellectual
property rights infringement. Further, the same asset
seizure powers could also apply to a third party, such
as a seed cleaner, if alleged to be assisting patent
infringement. If C-18 passes, these enforcement
tools would become available to seed companies
seeking to prosecute farmers for violating PBRA rules
and regulations.
The primary purpose of the C-18 measures is to
increase revenues for seed companies. Farmers will
eventually be bound to yet another agri-business
profit centre, this time via the seed. Litigation and the
gradual de-registration of publicly available varieties
will help persuade farmers to replace farm-saved
seed with seed purchased from the company every
year.
Farmers are being promised more variety research
and development, and more innovative new varieties
through this privatized system. However, farmers will
simply end up paying more royalties with no say in
how these funds would be used. Probably a reduced
level of research on regionally appropriate varieties
and less assurance that a registered variety can be
expected to perform as claimed. Farmers can
probably look forward to more correspondence from
Sue, Grabbitt, and Runne LLP Barristers & Solicitors,
along with additional forms to fill out on varieties
planted, yield history and annual sales.
For more information about UPOV ’91 and Bill C-18
please visit http://www.nfu.ca/issues/save-our-seed.
Randall Affleck of Lower Bedeque, is a National Board
member, National Farmers Union"