Last week marked a little-known and under-reported symposium
held in Rome under the auspices of the UN Food and Agriculture Organisation -- the
World Seed Conference. Although the subject may appear
obscure, the conference theme and the issues discussed, including plant
variety protection and seed improvement techniques, could not be more
important to millions of farmers in the developing world.
Between the heavy acronyms and technical terms used by the
UN figures, government officials and industry representatives, the conference
illustrated two clear themes; firstly, the desire of Northern-based business to
continue a process of enclosure of key farming inputs such as seeds by way of
technology. Secondly, a push by these same companies (supported by the US and
EU countries) for an extension and tightening of intellectual property rights
on plant genetic resources into the national law of poorer countries.
Under the guise of innovation and progress, breeding
companies suggest that seed varieties developed in laboratories in
the North and then sold to poorer farmers in the South can raise yields in
crops, increase nutritional values, reduce pesticide and fossil fuels use as
well as conserve biodiversity. In the words of one participant at the conference, his company
utilised �the art and science of changing the genetics of plants for the
benefit of humankind.�
Advocates from industry argue that to safeguard their
investment in these manipulated �seed innovations� governments should use a
form of legal construction (intellectual property rights) to prevent farmers
from re-using and changing seeds that are a �product� of agribusiness. Industry
lobbyists also suggest that such monopoly rights should extend to developed
plants varieties that business cannot easily control by technology -- for
example due to natural reproduction.
However, the patenting of seeds, extension of plant variety
protection and rollout of a global regime of intellectual property rights for
agricultural inputs could have serious consequences for small-scale farmers in
the developing world.
Techno-fixes and monopoly control
Firstly, the intellectual property regime that many
participants in the conference wish to tighten and extend to poorer countries
(what one participant called �the development of a new industry competitiveness
on foreign markets�), legally prevents farmers from sharing and saving seeds
for later harvests or for future generations.
Under a key intellectual property treaty first signed in the
1960s and last amended in 1991, called UPOV,
and the later WTO TRIPS, governments agreed to prevent farmers from
saving or sharing seeds with only a few limited exceptions. In countries that
have accepted these intellectual property regimes, small-scale farmers have
moved increasingly towards the use of imported seeds, suffering from a number
of adverse effects, including increased debt levels,
displacement and worsening food security. Making the situation worse, under
intellectual property laws, some governments refuse to subsidise or even
prohibit the use of seeds that do not make an �official list� -- most often
those that were previously shared and exchanged between communities.
Secondly, a strengthening of the UPOV regime, or a further
rollout of TRIPS or the TRIPS-plus agreement would also represent a large net
power transfer from poorer farmers to richer corporations based in
industrialised countries, especially in the US and the EU. Intellectual
property rights already tighten the grip of a small number of businesses across
the entire agricultural system, from basic inputs through marketing and
distribution. According to analysts at the ETC Group, 10 companies currently
control more than two
thirds of global seed sales. Of this total, just three industry giants -
Monsanto, Dupont and Syngenta - command 47 percent of the market. Research
organisation GRAIN estimates
that tightening and extending IP laws through UPOV could result in poor farmers
paying US$7 billion a year to these �seed giants.�
Thirdly, the type of seeds that are promoted and sold to
poor farmers by the global seed companies (and protected by IP rights) are
often �hybrid� in form, meaning that they have been bred in a lab from two
parent lines. Because of their complex molecular structure, such seeds will not
reproduce cleanly in the next planting season, resulting in a system of
agricultural inputs that farmers must purchase on a seasonal basis. This
business innovation has resulted in the commodification of a number of plant
lines that previously reproduced naturally, tying poor farmers to companies in
the North -- a dangerous situation in the light of fluctuating commodity prices
and potential monopoly pricing by dominant actors.
Importantly, such �hybrids� also require a high level of
synthetic inputs such as fertilisers to achieve high yields. Perhaps
unsurprisingly these artificial inputs are often purchased from the same clique
of agribusiness companies that also sell the seeds in the first place. Despite
the perceived success of hybrid seeds in raising crop yields in experiments
such as the Green Revolution in Asia, experts express severe doubts over the environmental sustainability
of such seeds. By using large numbers of synthetic inputs, crop yields have
increased in some countries but to the detriment of soil quality, biodiversity
and future livelihood from the land.
Contrary to the claims of the seed business, analysts also suggest
that plant variety protection and a strong IP regime encourages investment in
only a few commercially valuable crop species, such as wheat and soya bean, and
�ornamentals� such as flowers. Companies will invest heavily in research for
�designer� crops that could gain high market value in richer countries. Evidence
shows that a high percentage of the plant variety protection applications
put forward by developing countries remain for export goods such as �cut
flowers� and other luxury items for export. Although these commodities have
export market value and can gain foreign exchange, little indication exists of
their value in alleviating food insecurity or promoting biodiversity.
An alternative paradigm
In order to protect biodiversity, adapt to climate change
and promote food security, policy-makers must allow farmers to freely save,
use, exchange and sell farm-saved seeds in developing countries. Unfortunately,
the current direction of international policy, as evidenced by the calls of
many participants at the World Seed Conference and other fora such as the World
Trade Organisation, appears to be a push towards techno-fixes in agriculture
and the enclosure of common resources by legal means.
Rather than centrally controlled technological innovation by
corporations in the North, local agrifood systems and community-led
agricultural research and conservation encourages farmers to utilise on-farm
innovation, choose the most appropriate crops for harvest and support
biodiversity. Sharing and saving seeds allows farmers with knowledge of local
conditions to breed seeds �in situ� (on the farm) and develop plant varieties
to evolve to the changing climate conditions. Food system analysts and civil
society groups also note that small-scale, locally based food systems could be
the most effective method in lifting millions out of hunger and poverty.
Fortunately, there are alternatives to technologically
controlled agriculture and an ever-increasing intellectual property
stranglehold that could increase corporate concentration in agricultural
markets, displace poor farmers and worsen biodiversity. On the international
stage, progressive treaties promoted by resource-rich but economically-poor
countries such as the Convention
on Biological Diversity and the International Treaty on Plant Genetic Resources for Food and
Agriculture attempt to protect farmers� rights, encourage genuine
biodiversity and share the benefits of commercialising agricultural inputs and
plants.
On the ground, examples such as the Navdanya project in India illustrate the benefits of both
storing and sharing seeds as well as the benefits in food security and genetic
diversity by allowing open-access to plant genetic resources. Organisations in
the global farmers� movement La Via Campesina also point the way to an alternative
agricultural paradigm based on cooperation and reciprocity. In the UK, the Millennium Seed Bank
Project at Kew Gardens further illustrates the importance and possibility
of the collection, research and development of seeds for the public good. Countries
such as Venezuela are also establishing
cross-border collaboration and sharing of knowledge on the breeding of plants
based on cooperation and for mutual benefit.
However, these examples represent only a few isolated
instances that �go against the grain� of an international policy paradigm that
promotes market-concentration and the potential monopolisation of plant genetic
resources. With converging trends of a worsening food crisis, climate change
shocks and rising population levels, policymakers in developed and developing
countries should now look to alternative examples to illustrate that another
way is possible to achieve global food security and sustainable biodiversity. A
starting point for a new paradigm in agricultural development should be to
devise a set of international rules that prevents the enclosure of common
resources for profit, helps poor farmers, and promotes cooperation, sharing and
the free-exchange of seeds.
Further Resources
STWR�s Page on Food
Security and Agriculture
World Seed Conference, September 8 -- 10, 2009
World Seed Conference, Conference Outcome Document, Rome, September 2009
Institute for Environment and Development, Seed Industry Ignores Farmers� Rights to Adapt to Climate
Change, 7 September 2009
Geoff Tansey and Tasmin Rojette, The Future Control
of Food, London, 2008
The Food Ethics Council, TRIPS
with Everything? Intellectual Property and the Farming World, Brighton,
2002
GRAIN, The End of Farm Saved Seed? Industry�s Wish List for the Next
Revision of UPOV, 2007
ETC Group, Who
Owns Nature? Corporate Power and the Final Frontier in the Commodification of
Life, November 2008
UK Commission on Intellectual Property Rights, Agriculture and Genetic Resources, London, September 2002
Robin Willoughby is Research Officer at Share the
World�s Resources (STWR), an NGO
advocating for sustainable economics to end global poverty. He can be contacted
at: robin(at)stwr.org.