1. INTRODUCTION
For centuries, farmers in the Near East and North Africa (NENA) countries have been selecting seed from their crops (cereals, vegetables, trees, etc), multiplying it, and sharing seed with their neighbors. Variety selection is primarily based on the level of plant adaptation to the prevailing harsh environmental conditions of the Region. In addition, farmers of the NENA region pay particular attention to culinary and other specific qualities of crops, which are seldom part of breeding objectives in modern variety development. As a result, farmers often complain about the taste of modern varieties when compared to their traditional landraces. Farmer preferences have contributed to the maintenance of most landraces and other varieties in the Region. For example, the durum wheat variety Kyperounda has been traditionally grown and maintained for decades in Cyprus and Morocco mainly due to the taste it produces in bread and pasta.
In the case of cowpea, farmers in the NENA region prefer traditional cowpea varieties compared to modern varieties. The traditional varieties are indeterminant, with longer growing seasons and maturity periods, while the modern varieties are determinant with short harvesting periods. Farmers prefer indeterminant landraces because of their extended harvesting period, which gives farmers the possibility to consume fresh pods and dry the surplus harvest for winter consumption. On the other hand, modern varieties mature simultaneously, which makes it possible to carry out mechanical harvesting.
In general, the exchange of seeds of improved field crop varieties by the international research centers including CIMMYT, ICARDA, CIAT, and CIP with national breeding programs has been free if the seed is to be used for breeding and multiplication purposes. In an international trial conducted in several European countries by FAO and the Dorum Wheat Network, Phibirol a wheat variety that was selected in Cyprus by the author, was among the best performers. The government of Spain expressed interest in the variety and suggested to pay royalties. However, since the original material was received from CYMMYT free of charge, the author decided to turn down the offer and gave the variety Phibirol free to Spain. After further selection, the variety was released as Karpasia in Cyprus in 1984 and as Sham 1 (Waha) in several other countries including Syria in 1984, Algeria in 1986, Saudi Arabia in 1987, Jordan in 1988, Turkey in 1990, Lebanon in 1994, and Sudan in 1997.
2. THE NEED FOR SEED LEGISLATION
Modern agricultural practices along with the establishment of the World Trade Organization (WTO), and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) including Plant Breeders’ Rights (PBR), have brought significant changes in plant breeding, seed multiplication and trade. The availability of seed of improved varieties at a reasonable price is a prerequisite for any significant progress in agriculture. Therefore, Governments and the private sector must be motivated to invest in highly trained staff and allocate essential resources in the seed supply sector. This can only be achieved, if varieties are registered and intellectual property rights are protected through proper legislation that cover seed trade within and between countries.
3. THE PRESENT SITUATION OF SEED SUPPLY AND LEGISLATION IN NENA
Information regarding seed supply and legislation in NENA was obtained from various sources including FAO documents, country reports, regional meeting reports, and personal experiences. Seed legislation varies significantly within and between countries in NENA. However, seed laws and related regulations are only applied on the "Formal Seed Supply Systems", which cover only 10% of the seed needs of farmers. The remaining 90% of seed need is provided by the "Informal Seed Supply Systems", which are the exchange and sale of seeds from farmer to farmer.
Seed supply is well-developed in Morocco, Turkey, Pakistan, and some other countries that have established seed laws and seed certification systems. Seed quality control is essentially absent in Yemen, Qatar, Kuwait, Oman, and United Arab Emirates, which formally market a very small quantity of seed of the most important crops. Egypt, Jordan, Tunisia, and Syria are in the intermediate group of countries, with reasonably well-developed systems covering major crops.
Seed policies also vary among NENA countries. Morocco, Egypt, Tunisia, Ethiopia, Israel, Turkey and Cyprus have well-defined seed policies. For example, in late 1998 the Parliament of Cyprus approved a new seed law, which covers all aspects of seed production and importation. On the other hand, Iraq, Syria, Yemen, Libya and Jordan lack a defined seed policy, but have seed plans within their national agricultural policies. However, it is important to emphasize that existing seed laws do not apply to the Informal Seed Supply Sector.
Formal seed trade, for which seed laws apply, is controlled and subsidized by governments. Seed trade in the private sector is limited to a few countries and deals mainly with hybrid and vegetable seeds, and a few cereal seeds. Private seed companies operate in Tunisia, Morocco, Turkey, Jordan, Lebanon, Pakistan, and Sudan. In Cyprus, cereal seed trade is controlled by the government, but seed trade of potatoes, vegetables, pulses and forages is dominated by the private sector and co-operatives.
While it is not the aim of this paper to present details regarding specific seed legislation in each country concerning different species of crops, it is important to concentrate on certain aspects of seed legislation that are critical for the improvement of the seed supply sector in the region. Considering differences in economic and social conditions prevailing in the Region, variation in the level of seed legislation among countries is to be expected. However, there is room for improvement. Seed legislation should be established to encourage the involvement of the private sector in seed supply and trade. It is also recommended that the subsidized government controlled activities are reduced to a minimum. In addition, the informal seed sector and its great contribution in the seed trade must be recognized and ways must be found to provide help in order to improve the quality of seed.
4. IMPORTS AND EXPORTS OF SEED OF IMPROVED VARIETIES
The climatic conditions in NENA countries characterized by limited precipitation are generally unfavorable for rainfed crops. Rainfed varieties are adapted to specific, but restricted locations throughout the region. As a result, there is a very limited seed trade of rainfed wheat, barley, and legume and forage crops. Import of seed for vegetable crops including potato, tomato, carrot, watermelon, and hybrid seed of corn, sugar beets, sunflower are common in almost all the countries. Seed trade is generally controlled by local and foreign private companies and co-operatives. Most of the seeds imported by NENA countries come mainly from Europe. There are also very small seed import-export activities within the Region. Seed import regulations exist in Cyprus, Egypt, Tunisia, Sudan, Syria, Turkey, and Yemen. According to country laws, import of seed requires an import permit.
5. INTELLECTUAL PROPERT RIGHTS
It is widely accepted that "Plant Variety Protection" (PVP), which grants "Intellectual Property Rights" (IPR) to eligible plant varieties is essential to increase the availability of good quality seed of improved varieties. Breeding for high yielding varieties with all other desired characteristics requires considerable investments in trained staff and the allocation of funds. If PVP is not granted, the private seed sector will not be willing to invest in plant breeding. At the same time, the availability of seed of improved and protected varieties at low prices in NENA countries and the granting of farmers’ rights as defined in the FAO fora are issues to be considered when establishing PVP laws.
Most countries of the region have laws, which require that varieties should be registered to be released for commercialization. However, many countries do not have legislation for PVP. In Cyprus, Egypt, Ethiopia, Lebanon, Libya, Morocco, Oman, Sudan, Syria and Tunisia, registration of varieties for commercial release is carried out through an independent body, by which governments control the evaluation of varieties according to the requirements established by the UPOV Convention, that is Distinctness, Uniformity and Stability (DUS). Some of these countries carried out the Value for Cultivation and Use (VCU) test in addition to the DUS test. In other countries, the evaluation of varieties is conducted by a committee that also includes breeders. Plant Variety Protection does only require the DUS testing. Therefore, in such countries where the DUS testing is already functional for commercial listing, the implementation of PVP laws would not pose practical institutional problems.
In Cyprus, the release of varieties is based on trial results conducted by breeders and decided by a special government committee. Successful varieties are registered in the official commercial catalog, and their seed is multiplied and marketed through the formal system.
Until recently, only Egypt had a law prepared for PVP. The reasons for limited efforts in PVP in the NENA countries related to several factors including the following.
- Major breeding programs have been carried out by government employees working in national research institutions or universities that did not seek any reward for their newly developed varieties.
- The great majority of seed (90%) is produced by the informal system, which makes it difficult to exercise Plant Breeders' Rights.
- Local land varieties of the major cereal and legume crops whose breeders are unknown and, which are not eligible for PVP, are still grown.
At a Plant Variety Protection workshop held in Cairo in 1999, it was indicated that many countries of the region are initiating procedures to develop legislation for the protection of Breeders' Rights. Laws related to PVP are either in preparation or in parliament for approval in Cyprus, Egypt, Ethiopia, Iraq, Jordan, Lebanon, Mauritania, Morocco, Oman, Sudan, Syria, Tunisia, Turkey, and Yemen. In Morocco the law for PVP has been approved, but has not yet been put into practice.
Legislation for the commercial registration and protection of improved varieties are important to motivate scientists and attract private industries in plant variety development.
5.1 Effects of WTO's TRIPS Agreement on Plant Breeding, Variety Protection, and Seed Production and Trade
Several international organizations deal with plant variety protection and grant Plant Breeder’s Rights. These organizations include the International Union for the Protection of New Varieties of Plants (UPOV), which is an independent intergovernmental organization working in close collaboration with the World Intellectual Property Organization (WIPO), and the International Association of Plant Breeders for the Protection of Plant Varieties (ASSINSEL).
The agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is one of the outcomes of the Uruguay Round Agreements under the World Trade Organization (WTO). The TRIPS Agreement was established on January 1, 1995 and is considered the most remarkable multilateral agreement on intellectual property. In regard to plants, the TRIPS Agreement addresses issues related to intellectual property protection of plant varieties, requiring protection either by patents or by a sui generis effective system or by a combination of both. As the Agreement does not define what would be considered a sui generis effective system, it will be for the TRIPS Council to judge. It is considered "effective" by the WTO. Developing member countries are given longer periods than other countries to develop their IPR legislation in compliance with the TRIPS Agreement (Article 65-4). Article 7 of the TRIPS Agreement, entitled Objectives, states: "the protection and enforcement of intellectual property rights should contribute to the technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare and to a balance of rights and obligations".
The TRIPS Agreement also defines in detail national, civil and criminal procedures by which the rights of breeders are to be enforced. For example, it states that procedures must be fair and equitable, not unnecessarily complicated or costly, and should avoid time limits or unwarranted delays. The TRIPS agreement does not intend to restrict trade, but to encourage it in balance with the promotion of technological innovations.
Due to the benefits derived from protected varieties, it is believed that protected varieties are likely to be well-maintained and continue to produce quality seed that is representative of the original variety. As a result, farmers will have confidence in the genetic properties of the varieties, which could have a positive effect on the national, regional, and global seed trade. However, protected material is expected to cost more because of the loyalties that have to be paid to the breeder.
5.2 Plant Variety Protection and Conservation of PGR.
As already mentioned, to be granted protection a variety must be new for not being previously commercialized before certain date and uniform and stable in its essential characteristics. PVP granted under the UPOV Convention provides exception for the breeder (the right to use the protected variety for further breeding without the authorization of the breeder) and farmer’s privilege (the right to keep seed from a protected variety for further replanting on farmer’s own land).
The protection of breeders' rights can help to promote research programs in the development of improved varieties. Enhanced breeding activities can increase the number of improved varieties under cultivation and promote plant genetic diversity across farmers' fields. For example, in Syria only two barley landraces, Arabic Abiad and Arabic Aswad, had been traditionally grown for decades. Recently, Dr. A. Ceccarelli and his coworkers from ICARDA selected these non-uniform landraces and identified superior genotypes, which have increased diversity in farmer fields.
Increased plant breeding activities also has direct effects on the conservation of plant genetic resources (PGR). Heitz (1998) stated that the main objective of plant breeders is not only to create new and uniform varieties, but also to maintain a large genepool to be used as a genetic reservoir for future breeding programs. Therefore, the introduction of PVP legislation, which promote plant breeding activities, will help maintain the genetic diversity by:
- Increasing the number of uniform varieties
- Increasing in the diversity of gene pools that are maintained by private breeders or public institutions for future breeding to meet competitions and challenges.
FAO, IPGRI, ICARDA and other international or regional organizations are involved in collecting, documenting, conserving, utilizing and exchanging PGR in the NENA region. The PGR of the NENA region must be made available to breeders or scientific researchers on mutually agreed terms. The PGR from the region should be studied, conserved, and better managed. This would facilitate the marketing of genes and generate financial benefits from breeders who develop commercial varieties from NENA's material.
The introduction of legislation on breeders' rights is a system that reward breeders for their innovative efforts. As it is often the case, plant breeders use in their breeding programs the varieties that have been maintained by farmers; they improve these varieties and protect the new varieties, which are resold as seed to farmers. However, farmers, especially subsistence farmers, who have conserved the PGR of the region for generations. As it is often the case, plant breeders use in their breeding programs the varieties that are maintained by farmers; they modify these varieties and protect the new varieties, which are resold as seed to farmers. This was recognized as a problem by FAO member countries and the issue was addressed in the Resolutions 4/89 and 5/89 of Plant Genetic Resources for Food and Agriculture (PGRFA).
5.3 Farmers' Rights
Farmers' Rights were recognized and endorsed at a Conference in 1989 by FAO member countries in the International Undertaking on PGRFA. Farmers' Rights defined as the rights arising from the past, present and future contributions of farmers in conserving, improving, and making available plant genetic resources, particularly plants from the center of origin. Farmers' Rights are vested in the international community, as trustees for present and future generations of farmers, for the purpose of ensuring full benefits to farmers, and supporting the continuations of their contributions, as well as the attainment of the overall purposed of the International Undertaking (FAO, 1989). As a result, breeders' lines and farmers' varieties can be made available only with the agreement of individuals, communities, or institutions that developed or maintained the varieties.
A great part of improved varieties throughout the world were developed from materials collected from developing countries. Therefore, it appears important that developed countries assist in efforts to strengthen the capacity of developing countries to conserve, develop, and use their national plant genetic resources. In this regard, the establishment of a global fund was suggested at the 1991 FAO Conference on PGR in Rome. The resolution C5/91 gives details on the establishment of this International Fund for PGR in developing countries. However, no specific agreement on the nature and size of country contributions to the fund was reached.
The International Undertaking also recognizes the sovereign rights of nations over their plant genetic resources. In this regard, at a South Asia-Southeast Asia and the Pacific meeting, it was proposed to establish an international taxation system on the sale of plant varieties and products of plant origins under the Intellectual Property System. The revenue collected through this tax system could be used to pay royalties to the country that provided the parent materials. However, the ways to implement this innovative idea are still a matter of discussion.
Most of the farmers in NENA are subsistence farmers who rely on their landraces of food legumes, forages and some cereal species for their livelihood. Therefore, seed legislation must provide adequate protection of Farmers' Rights for varieties that are used by breeders. In addition, any PVP law should include provisions to ensure the farmer’s privilege at least to poor farmers in order to encourage farmers to continue participating in PGR conservation.
5.4 Impact of Plant Variety Protection Systems and Innovative Genetic Engineering Technology on Farmers' Variety Choice.
The application of genetic engineering technology in plant breeding has recently increased in developed countries. Genetic engineering is slowly but steadily being applied in the NENA region. Clearly, substantial progress in plant adaptation to dryland areas and resistance to disease cannot be achieved by conventional breeding alone. Therefore, despite the negative public perception associated with biotechnology, genetic engineering technology will continue to be critical to the future development of new varieties in the NENA countries.
Varieties or landraces developed and maintained at high cost by breeders or farmers can be modified by genetic engineers at low cost. This can be accomplished by inserting one gene to produce an "essentially derived variety". The concept of essential derivation is related to the degree of similarity between the parent varieties and the derived variety. For the resulting variety to be "essential" there must be a high degree of similarity with one of the parents and a minimum number of characteristics (at most one) inherited from the second parent (if there is one). This facilitates an equitable share of benefits among holders of breeders' rights, and patent owners of the additional gene.
The provisions of the 1991 UPOV Convention offers a possibility to balance the rights of breeders of the "initial variety" and that of genetic engineers (patent owners). For example, the provisions extend breeders' rights from the "initial varieties" to the "derived variety" and breeder authorization is needed in order to apply commercialize the derived variety. The advantage of this arrangement is that it promotes investments in classical breeding and discourages unfair or parasitical activities without discouraging genetic engineering application.
It is important that countries in the NENA region adapt these agreements to their specific conditions. By balancing the rights of conventional breeders, genetic engineers, and farmers, it is more likely that the availability of improved varieties will be increased and sustained.
6. FARMERS’ ACCESS TO IMPROVED AND ADAPTED VARIETIES
The region shows a trend of a widening gap between production and consumption at a rate of 1% a year. This has made NENA the largest food-importing region in the developing world. Self-sufficiency and food security can be achieved by several measures including an increase in the availability of quality seed of improved and better performing varieties of food and feed crops at reasonable prices. This would require a strong and efficient seed supply sector.
The main advantages of improving the seed supply sector in the region include the following:
- Increase the availability at low cost of improved and adapted varieties that have the qualities preferred by farmers of NENA.
- Create a system for the multiplication and trade of seed according to international quality and phytosanitary standards.
7. UPGRADING BREEDING CAPABILITIES
The development of genetically superior varieties is a prerequisite for future improvements of agriculture in the region. Currently, breeding programs, especially for major food crops including wheat, barley, and legumes, are concentrated in government controlled institutions. The private sector involvement in plant breeding and seed production is limited and deal mainly with vegetables and hybrid seed. However, in the past 20-30 years, there has been a positive contribution by the CGIAR institutes including CIMMYT, ICARDA, IPGRI, CIAT, and IITA throughout the region. These institutions have upgraded the research and breeding capabilities in the region.
Breeding and seed supply activities can be enhanced if legislation on Intellectual Property Rights (PVP and patents) is introduced throughout the region. In this regard, private breeders and government institutions would be motivated to develop better varieties to compete in a free seed trade market. The economic incentives created through these new systems would make a positive contribution by promoting the use of more efficient breeding and screening methods suitable for the region and increase the adoption of new varieties by the farmers. Unsuitable material would be eliminated and breeders of this material would face economic failures. Profit-oriented breeding activities will generally utilize the most efficient methods including biotechnology to achieve goals faster, and will attempt to minimize costs. Under these conditions, the private sector would be expected to increase its share in breeding and government institutions and universities would have to upgrade their research and breeding capabilities to cope with the new conditions.
It is generally believed that the introducing breeders’ rights and related legislation would have a negative impact on the protection of farmers' rights and conservation of plant genetic resources. However, this issue can be addressed by proper legislation arrangements and other measures discussed earlier.
Several countries in NENA have already started introducing legislation on the protection of varieties. Countries appear receptive to formulate concrete regulations based on the experience of Europe and other regions.
8. SEED PRODUCTION AND TRADE
Currently, the seed trade of major cereals and legumes is government subsidized and controlled. The private sector handles mainly hybrid seed and other elite material. Seed trade is generally restricted to within-country exchanges of self-pollinated cereals and legumes, with only limited exchange of seed between countries in the region and with some European countries. The introduction of legislation on PVP and seed trade based on WTO agreements will improve the availability of quality seeds to farmers. In addition, enhancing and modernizing breeding methods will increase the varieties of food crops with wider adaptation, and ultimately increase seed trade and availability of seed. The availability of hybrid seed would be improved if uniform legislation on seed trade is introduced in the region.
A combination of these factors would have a positive effect on good quality seed availability. By increasing the volume of seed traded in an open market, the cost of production to companies is expected to be reduced. The price of seed for subsistence farmers should also be reduced. As a result of growing better varieties, yields will be higher.
The Informal Seed Sector, which controls most of the seed trade of major food crops in the region is expected to be negatively affected as the role of the private sector expands. Assistance must be provided, especially on seed cleaning and seed health, to the informal seed sector in order to improve seed trade. Assistance should continue over the next 10-20 years as the informal seed sector is gradually transformed into a formal seed sector.
9. NEED FOR CO-ORDINATED EFFORTS
It is clear from this study that procedures to establish seed legislation and plant variety protection laws should be based on specific conditions of each country. Although unique seed legislation for all NENA countries cannot be expected, the general principles of seed legislation apply to all countries. Therefore, coordinated efforts should be strengthened to develop general principles, which could be adapted to the specific conditions of each country. The assistance of international or regional organizations including FAO and ICARDA is critical to the establishment and development of these regional efforts. In addition, the existence of country seed legislation based on harmonized regional principles would facilitate seed trade among NENA countries.
10. REFERENCES
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