In Europe, and increasingly the rest of the world, seed saving networks are basically illegal and the commercial seed supply system is highly organised and controlled.

Source: International Seed Industry

COP15 Climate Summit 12 December 2009 inside the Råhuset Convergence Centre in Copenhagen.

European law on seed marketing has evolved over the years to ensure that only uniform seeds for industrial farming can be sold on the market, condemning farmers’ seeds and traditional varieties to the black market if not complete illegality. Together with strong intellectual property rules and the production of hybrids, European seed laws lock farmers out of the seed system.

Source: Indymedia.DK

Consolidation has increased in the international seed industry in recent decades. The chart below depicts changes in ownership involving major seed companies and their subsidiaries, primarily occurring from 1996 to 2008.1 The largest firms are represented as circles, with size proportional to global commercial seed market share

Source: Dr Phil Howard, MSU
Video Source: http://www.msu.edu/~howardp/SeedIndustry.mov

Royalties Control Farm-Saved Seed

During the 1990s, national legislation for plant protection underwent reform to conform to UPOV 91 (see box). In July 1994 the European Union (EU) introduced regulations for plant variety development rights, establishing a general framework for the protection of plant varieties and creating the “Community Office for Plant Variety.” These changes extended breeders rights beyond reproductive material to include harvested material, and in so doing reduced farmers’ rights. Furthermore, they extended the periods of protection for plant material and increased the number of species for which breeders rights could be requested.

From then on, the practice of conserving commercial seed for re-planting became possible if the “legitimate interests” of seed developers were protected. This recently established regulation stops farmers from saving certain seeds for free. The numbers of farmers using farm-saved seed is still substantial (see Table 1), but the number is declining and will likely decline further, given the forces at large to curb seed saving and the use of non-certified seed. One important factor, in addition to changes in seed saving policies, is the EU’s strategy of linking the utilisation of certified seed with receiving subsidies. The data from Spain is illustrative: at the beginning of the 1990s just 12.6% of seed was certified, but since the introduction of the new policy the figure has shot up to 75%.

Farm-saved seed royalties are determined for each species according to agreements made between agricultural organisations and royalty holders. In some countries, such as the UK and Germany, agreements have already been reached. The concept of “farmers’ exemption” has been introduced with these regulations, exempting small farmers (those who produce less than 92 tons of cereal) from paying royalties. However small farmers are only authorised to re-use their own seed for planting. Consequently , “farmers’ exemption” is a trap, prohibiting the vital rural practice of exchanging seed, be it for the production of seed or for experimenting with new genetic material.

Source: Savind the Seed, IE

The Indian Seed Act And Patent Act

New IPR laws are creating monopolies over seeds and plant genetic resources. Seed saving and seed exchange, basic freedoms of farmers, are being redefined. There are many examples of how Seed Acts in various countries and the introduction of IPRs prevent farmers from engaging in their own seed production. Josef Albrecht, an organic farmer in Germany, was not satisfied with the commercially available seed. He worked and developed his own ecological varieties of wheat. Ten other organic farmers from neighbouring villages took his wheat seeds. Albrecht was fined by his government because he traded in uncertified seed. He has challenged the penalty and the Seed Act because he feels restricted in freely exercising his occupation as an organic farmer by this law.

Farm-saved seed royalties are determined for each species according to agreements made between agricultural organisations and royalty holders. In some countries, such as the UK and Germany, agreements have already been reached. The concept of “farmers’ exemption” has been introduced with these regulations, exempting small farmers (those who produce less than 92 tons of cereal) from paying royalties. However small farmers are only authorised to re-use their own seed for planting. Consequently , “farmers’ exemption” is a trap, prohibiting the vital rural practice of exchanging seed, be it for the production of seed or for experimenting with new genetic material.

Source: Vandana Shiva