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Battling for Farmers' Seed Systems: UPOV 91 and Trade Agreements

August 20th, 2025,
by Shiney Varghese
… save and exchange seeds freely. [10] This changed with the adoption of the revised 1991 Act of the UPOV convention (UPOV 91), when breeders rights were broadened to include all forms of multiplication production and reproduction of … strong IPR regimes, peasant seed saving, exchange and selling have been outlawed or severely restricted in the EU. [14] UPOV 91 finally came into force on April24,1998, [15] and it allowed a one-year period from that point when any new UPOV member had the option to join either UPOV 78 or UPOV 91 at the end of which if a country wanted to join UPOV, the only option was to join UPOV 91. In countries that …

Letter to Congress over concerns about TPP's impact

… TPP also requires countries to ratify the International Convention for the Protection of New Varieties of Plants 1991 (UPOV-91), an international treaty protecting plant breeders. UPOV-91 requires 20 to 25 years of intellectual property protection to be provided for all plant varieties. It stops … of farmers in many countries around the world. Brunei, Chile, Malaysia, Mexico and New Zealand have not yet ratified UPOV-91, but will be required to do so under TPPas will any country who may join the TPP in the future. In general, the …

IATP comments on Right to Seeds for UNHRC Working Group on Peasants

February 26th, 2026,
by Shiney Varghese
… the PVP Act, enabling the U.S. to align domestic laws with the Union for the Protection of New Varieties of Plants (UPOV 91). UPOV prohibits farmers from saving and sharing protected seeds. This agreement greatly restricts farmers … U.S. that followed NAFTA, including the U.S.-Mexico-Canada Agreement (USMCA), requires the member countries to ratify UPOV 91, within four years of ratification of the trade agreement. There have been several unsuccessful attempts to push through ratification in the Mexicos Senate. The inclusion of the requirement to ratify UPOV 91 in trade agreements is about more than favoring one set of rules on intellectual property rights; it serves to …

IATP Comment on the Americas Partnership for Economic Prosperity Trade Track

July 22nd, 2024,
by Karen Hansen-Kuhn
… trade agreements require countries to ratify the 1991 International Union for the Protection of New Varieties of Plants (UPOV-91). That agreement prohibits family farmers from saving and sharing protected seeds, greatly inhibiting their … develop new varieties that respond to their specific environments and their cultural and dietary needs. Moves to ratify UPOV-91 have led to massive resistance by farmers movements and other civil society organizations in Mexico, Colombia … trade agreements require countries to ratify the 1991 International Union for the Protection of New Varieties of Plants (UPOV-91). That agreement prohibits family farmers from saving and sharing protected seeds, greatly inhibiting their …

TPP would hurt small scale farmers in developing countries, groups say

… that requires countries to ratify the International Convention for the Protection of New Varieties of Plants 1991 (UPOV-91), which would limit traditional seed saving and sharing by small scale farmers. The Annex on Agricultural … that requires countries to ratify the International Convention for the Protection of New Varieties of Plants 1991 (UPOV-91), which would limit traditional seed saving and sharing by small scale farmers. The Annex on Agricultural …

IATP, NFFC, and WORC comments regarding USMCA renewal

… innovative seed systems: Remove the requirement in Chapter 20 on Intellectual Property Rights that each Party ratify UPOV 91, a restrictive treaty that prohibits farmers from saving and sharing protected seeds, thus greatly restricting … innovative seed systems: Remove the requirement in Chapter 20 on Intellectual Property Rights that each Party ratify UPOV 91, a restrictive treaty that prohibits farmers from saving and sharing protected seeds, thus greatly restricting … ratify the International Convention for the Protection of New Varieties of Plants (UPOV), as revised on March 19, 1991. UPOV 91 expanded intellectual property rights contained in earlier versions of UPOV to include all forms of production …

Comment on proposed renegotiation of the North American Free Trade Agreement

June 13th, 2017,
by Karen Hansen-Kuhn
… would have required countries to ratify the International Convention for the Protection of New Varieties of Plants 1991 (UPOV-91), an international treaty protecting plant breeders. UPOV-91 requires 20-25 years of intellectual property protection to be provided for all plant varieties. It prevents farmers and breeders from saving and exchanging protected seeds. Mexico has not yet ratified UPOV-91, but would be under pressure to do so under such a requirement. In an era of increasingly volatile weather …

Removing trade policy obstacles to agroecology and seed sovereignty

August 20th, 2025,
by Shiney Varghese

Central to the survival of small and mid-scale farmers is their right to save, use, exchange and sell their own seeds that is, what agroecology advocates have come to recognize as their seed sovereignty.

TPP Fine Print: Biotech Seed Companies Win Again

November 16th, 2015,
by Ben Lilliston
… rights of seed companies over farmers rights, according to an analysis by Public Citizen and Third World Network (TWN). UPOV91 requires IP protection to be provided for all plant varieties; it requires protection for 20 to 25 years; and it … include South Korea, Indonesia, the Philippines and Taiwannone of which are members of UPOV 91. In order to join the UPOV91, countries have to apply to the UPOV91 Office of the Union, which then reviews the countrys laws on plant variety protection and declares which laws …

Seeds of Corporate Power vs Farmers' Rights: We need to start tilting the field back in favor of farmers and the environment

September 29th, 2016,
by Karen Hansen-Kuhn
… seeds, the 1991 version eliminated those rights. According to analysis by Public Citizen and Third World Network (TWN), UPOV91 requires protection to be provided for all plant varieties for 20 to 25 years, and it stops farmers and breeders … the world. The Trans Pacific Partnership (TPP) includes provisions requiring countries in the trade deal to ratify UPOV91. Of the TPP countries, Brunei, Chile, Malaysia, Mexico and New Zealand are not yet members of the UPOV91 . Those countries would be pushed to make major changes to domestic laws and rules that protect farmers rights …

Small Farmers' Seed Rights up for Grabs in Africa?

COTONOU, (Mar. 5) IPS - Entering the global economy, some African researchers say, calls for trade-offs, and Francophone nations recently had no trouble trading small farmers' rights to store and exchange seed.

Small Farmers' Seed Rights Up for Grabs in Africa?

COTONOU, (Mar. 5) IPS - Entering the global economy, some African researchers say, calls for trade-offs, and Francophone nations recently had no trouble trading small farmers' rights to store and exchange seed.

Agreements on Reciprocal Trade lock in corporate control over the food system

July 2nd, 2026,
by Matt Kinsella-Walsh

Since the beginning of his second term, the Trump administration has negotiated bilateral Agreements on Reciprocal Trade (ART) in exchange for easing tariff rates.

Calling for changes in USMCA to build fair and resilient rural economies

October 30th, 2025,
by Karen Hansen-Kuhn

In the midst of a lot of chaotic pronouncements about trade and tariffs, it has been hard to know how to weigh in on the trade policies we need. The current review of the U.S.-Mexico-Canada Agreement (USMCA) provides an opportunity to address changes since that agreement was enacted in 2020 and to fix problems that have become apparent during its implementation.

An End to Seed Saving?

Winnipeg, Canada (Rural Advancement Foundation International, February 18, 1999)--The following document was released by the Rural Advancement Foundation International on 17 February 1999:

Carbon tariffs and fertilizers: Wrong fit for purpose

October 28th, 2021,
by Karen Hansen-Kuhn
… principle in setting such standards, and to dismantle requirements in trade agreement that countries ratify UPOV-91 , a treaty that bans sharing of protected seeds. The imperative to transform food and farm systems to meet the … principle in setting such standards, and to dismantle requirements in trade agreement that countries ratify UPOV-91, a treaty that bans sharing of protected seeds. The imperative to transform food and farm systems to meet the … https://grain.org/article/entries/5314-upov-91-and-other-seed-laws-a-basic-primer-on-how-companies-intend-to-control-and-monopolise-seeds …

Struggles for seed sovereignty around the world

December 21st, 2023,
by Shiney Varghese
… 9 of the ITPGRFA Secretariat and putting farmers rights into practice. They have also joined a global campaign to stop UPOV91 . The seeds that are not covered under UPOV91, which farmers often women select, save, share and exchange, are not mentioned in these laws, nor are farmers …

“New NAFTA” continues damaging climate legacy

October 17th, 2018,
by Ben Lilliston
… the new NAFTA requires all participating countries to sign on to a global seed breeders rights treaty (known as UPOV91), which prohibits farmers and breeders from exchanging established seeds.23 (See New NAFTA puts the brakes on … the new NAFTA requires all partici- pating countries to sign on to a global seed breeders rights treaty (known as UPOV91), which prohibits farmers and breeders from exchanging established seeds.23 (See New NAFTA puts the brakes on …

Internationalization of Brazil's Seed Industry: Biotechnology, Patents and Biodiversity, The

During the 20th Century the seed -- a key means of production for agriculture -- became one more commodity in the division of labour between family farmers and industry.

Intellectual Property Rights: Ultimate Control of Agricultural R & D in Asia

Intellectual Property Rights and plant breeding have, historically, had nothing to do with each other. In Asia, and much of the South, patents were never allowed on life forms because of ethics, colonial legacies and the threat that statutory monopolies in the health and food sectors pose to peoples' basic needs.