المعاهدة الدولية بشأن الموارد الوراثية النباتية للأغذية والزراعة

Exceptions to IP rights (the private and non-commercial use exception and the farm saved seed exception)

Plant breeder’s rights is a time-limited intellectual property right on plant varieties, limited through exceptions. The objective is to balance the interests of breeders and farmers and to create a system where both parties benefit. Acts done privately and for non-commercial purposes are exempted from the scope of the plant breeder’s right. Thus, subsistence farmers who carry out their normal practices can be covered by the private and non-commercial use exception. There is also an optional exception, the farm-saved seed exception or agricultural exception (Article 15(2) UPOV 1991 Convention). This exception, under certain conditions, allows farmers to use for propagating purposes, on their own holdings, the product of the harvest which they have obtained by planting, on their own holdings, the protected variety. According to UPOV Explanatory Note (UPOV/EXN/EXC/1), “small farmers” with small holdings might be permitted to use farm-saved seed to a different extent and with a different level of remuneration to breeders than “large farmers”. In EU law, for example, small commercial farmers are exempted from the payment of remuneration on the use of farm-saved seed. Many UPOV members have implemented both the private and non-commercial use exception and the optional farm-saved seed exception in their national laws. 

Institution/organization Intergovernmental Organization
Provision of Art. 9 addressed Art. 9.3
Type of measure/practice Administrative, Legal
Region Europe
Link(s) to further information about the measure/practice http://www.fao.org/3/ca8102en/ca8102en.pdf
Keyword(s) Farmers’ Rights, PGRFA, Seed system, Smallholder farmers

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