Free Trade Agreements Threaten Farmers’ Seed Rights

Recent reports reveal that free trade agreements (FTAs) are increasingly used by wealthy nations to impose strict intellectual property (IP) rules on seeds and biodiversity. These rules threaten farmers’ traditional rights and increase corporate control over agriculture globally. This trend is particularly evident in countries of the global South. The following notes explain the issue in detail.

Background on Intellectual Property and Seeds

The 1991 UPOV Convention is a key international treaty on plant variety protection. It grants companies exclusive rights over new crop varieties for 20 to 25 years. Farmers are barred from saving and reusing these seeds. This disrupts their historic practices and knowledge. UPOV was originally designed to boost industrial agriculture in Europe.

Role of Free Trade Agreements

FTAs now compel many countries to adopt UPOV 1991 standards. These deals are negotiated outside the World Trade Organization (WTO) framework. Countries in the global South face pressure to accept these restrictive rules. FTAs often include clauses that go beyond WTO requirements, limiting public debate on their impact.

Key Players in Enforcing UPOV Rules

The United States, European Union, Australia and Japan have long pushed UPOV-aligned laws through FTAs. Recently, the United Arab Emirates (UAE) has emerged as a new force. The UAE has inserted UPOV-style clauses in agreements with Cambodia, Malaysia and Mauritius. However, India has resisted such pressure.

Implications for Food Sovereignty

The UAE’s growing influence in global trade and overseas farming investments raises concerns. Its promotion of UPOV standards threatens food sovereignty worldwide. Corporations gain monopoly control over seeds, undermining farmers’ independence. This shift favours industrial agriculture over traditional farming systems.

Additional Legal Measures in FTAs

Besides UPOV, many FTAs require countries to adopt plant patent laws or sign the Budapest Treaty. The Budapest Treaty facilitates patenting of micro-organisms. These measures further extend corporate control over biodiversity. They bypass democratic processes and reduce transparency.

Global Data and Visualisation

A newly updated global dataset maps two decades of FTAs containing UPOV-style seed clauses. It marks countries promoting restrictive seed laws and those pressured to comply. This data reveals the scale and geographic spread of the issue. It shows how trade deals shape agricultural policies worldwide.