Traité international sur les ressources phytogénétiques pour l'alimentation et l'agriculture

Safeguarding Farmers’ Rights in Swiss intellectual property law

In Switzerland, national measures concerning intellectual property rights that are relevant in the context of Article 9.3 of the ITPGRFA include the Federal Law of 20 March 1975 on the Protection of New Varieties (status as of 1 January 2011) and the Federal Act of 25 June 1954 on Patents for Inventions (Patents Act, status as of 1 January 2019). The so-called ‘farmers’ privilege’, allowing farmers to save and use seed and propagation materials from their own harvest, including of protected varieties, was introduced into both Acts in a similar way in 2008. Farmers who wish to make use of the farmers’ privilege do not have to pay any remuneration to the holder of the right, provided that they have previously acquired original seed or planting material placed on the market by the holder of the plant breeders’ right or patent, or with his consent. So far, the Federal Council has determined 23 plant species to which the farmers’ privilege shall apply. Furthermore, Article 9.1 f. of the Patent Act protects farmers from excessive claims in cases where the patented genetic information was bred into his/her planting material without his/her knowledge or against his/her will (e.g. by wind-pollination).

Institution/organization Government organization, Non Governmental Organization
Provision of Art. 9 addressed Art. 9.2a, Art. 9.3
Type of measure/practice Legal
Country Switzerland
Region Europe
Link(s) to further information about the measure/practice http://www.fao.org/3/ca4168en/ca4168en.pdf
Keyword(s) Farmers’ Rights, Genetic resources, Local varieties, PGRFA, Seed system

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