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„Resilient Seed“ 
On the seed industry, EU seed laws and 
the engagement for seed-sovereignty 
A booklet to accompany the documentary by Ella von der Haide on the 
Seed Sovereignty Action Days on 17-18 April 2011 in Brussels 
Autumn 2012 - Distributed free of charge
„Resilient Seed“ - the film 
Documentary by Ella von der Haide (2011), 30 min. 
Original version with subtitles 
A documentary about 
the Seed Action Days that took place 
in Brussels on 17-18 April 2011 
Company interests and restrictive 
laws represent a threat to something 
that should be a matter of course 
for everybody: the production and 
exchange of seeds. This development 
is due to transnational seed and 
agribusiness companies strongly 
influencing the legislation in Brussels 
through their lobby firms. 
The „European Campaign for Seed 
Sovereignty“ organised a diverse and 
colourful protest in Brussels against 
this menace and invited people to 
seed swaps in order to bring free 
heritage seeds back into use. 
This documentary is available with 
subtitles in English, French, German, 
Dutch, Greek, Japanese and Spanish. 
Available at 
www.seed-sovereignty.org/film.html. 
Further information: 
With our thanks to the organisations that have provided financial support : 
aktion selbstbesteuerung - www.bewegungsstiftung.de 
Friede durch gerechte Entwicklungspolitik
„Resilient Seed“ - the booklet 
CONTENT 
1. Get informed and take action! 4 
2. The power of seed and 
agrochemical companies 6 
3. Seed law = seed 
marketing law 9 
4. Seed law in 2012 
at a crossroads 12 
5. Plant variety protection (PVP) 
and UPOV 13 
6. Patents on plants 15 
7. How to organise a seed swap 17 
8. Appearing in the documentary 20 
9. Thank you 23 
Impressum: Authors: Anne Schweigler and Andreas Riekeberg, English translation: Nicolas Bell, 
Photos: Anne Schweigler, Udo Schilling and Johannes Geiermann (Seed Campaign), Photos p. 17/18: 
Arantxa Aldunzin (Umbruch Bildarchiv), Drawings p. 3/11: titom.be (CC: BY-NC-ND_2.0-be). Published 
in Autumn 2012 for the Campaign for Seed Sovereignty (www.seed-sovereignty.org):
1. Get informed and take action! 
Seeds are a fundamental base for gro-wing 
our food both in agriculture and 
gardening. For seed and agrochemical 
companies, they represent a resour-ce 
that enables them to earn a lot of 
money and to gain control over food 
production. For 
decades they have 
been breeding va-rieties 
to facilitate 
their control. 
These are either 
hybrid varieties, ma-king 
it necessary 
to constantly buy 
new seeds because 
only the first generation gives a good 
harvest. Alternatively the varieties are 
patented and thereby totally privatised. 
This is one of the reasons for genetical-ly 
modifying seeds: to be able to patent 
them. However, patents have also been 
granted for plant characteristics that 
have not been obtained through gene-tic 
Seed box at seed exchange in „Maison des Cultures et de la cohésion 
sociale de Molenbeek-Saint-Jean“, Brussels 
modification. In order to grow, all 
of these varieties need a powerful input 
of artificial fertilizers, pesticides and ir-rigation. 
Since the middle of the last centu-ry, 
seed and agrochemical companies 
have been determining what agricu-ltural 
crops are planted and by what 
methods in an increasing number of 
countries. One of their main strategies 
for imposing their 
interests is their en-ormous 
influence 
on legislation and 
international trade 
agreements. A re-cent 
example is the 
present revision of 
the European Uni-on 
seed marketing 
legislation. 
The Seed Action Days were organised 
on 17-18 April 2011 in Brussels in order to 
combat a further tightening up of this 
legislation and particularly against the 
exclusion of non-registered seeds from 
sale. The Seed Sovereignty Campaign 
(Seed Campaign) conducted a protest, 
together with initiatives and organisa-tions 
from many European countries, 
against the domination of seed and 
agrochemical companies. This is what
the documentary „Seeds in Resistance“ 
is all about. 
At the first European 
seed swap in Brussels 
and at decentralised 
seed events in many 
European countries, 
especially Poland and 
Portugal, activists and 
seed lovers emphasi-sed 
the importance 
of creating practical 
alternatives. 
It is important that more people get 
actively involved with seeds and learn 
to conserve and multiply them. At seed 
swaps gardeners and farmers can ex-change 
Protest march through the European Union district 
not only seeds but also their 
knowledge about the cultivation and 
use of plants and other interesting in-formation. 
Seed swaps are ideal occa-sions 
for networking, attracting people 
from different cultures and of different 
ages. 
The Seed Sovereignty Campaign calls 
for „Seed Swaps everywhere“! More in-formation 
and a checklist on „How to 
1. Get informed and take action! 
organise a seed exchange“ can be found 
in the following pages. 
We aim to achieve seed 
sovereignty – meaning 
that people should be 
able to have access to 
the seeds required for 
their own food. This 
involves local social 
networks bringing to-gether 
farmers and gar-deners 
using regionally 
adapted, free and open 
of Brussels on 18/4/2011 
pollinated heirloom varieties in agri-culture 
or urban community gardens, 
in household or allotment gardens or 
on the balcony. At the same time, we 
need agriculture and seed policies that 
promote this practice and facilitate the 
access to seeds, breaking the domina-tion 
of the big seed companies by pro-hibiting 
genetically modified seeds and 
seed privatisation. 
This is what we are fighting for! You 
are invited to become part of the grow-ing 
world-wide movement for seed and 
food sovereignty!
2. The power of seed and agrochemical companies 
while contributing to the destruction of 
biodiversity. 
... Terminator seed vari-eties 
for total control 
The priority given by 
seed companies to gaining 
maximum profits in their 
plant breeding work leads 
to perverse developments 
such as „terminator va-rieties“. 
These are plants 
whose seeds are sterile 
unless they are treated in 
Banner at march in Brussels on 18/4/2011 
time with a special chemical. At present, 
terminator technology is subject to an 
international moratorium. However, the 
very fact that efforts have been made to 
develop them shows that the seed in-dustry 
is not interested in highly fertile 
varieties, but in gaining worldwide con-trol 
over agriculture and horticulture, 
making it necessary to buy new seeds 
every year 
The fact that the key criteria in plant 
breeding is ensuring maximum profits 
for the chemical industry represents a 
life-threatening dead end, resulting in an 
...in plant breeding 
A major problem in the field of plant 
breeding is the growing influence of 
agrochemical companies 
and their strategies in the 
field of plant breeding. 
Over the past decades, 
many medium-sized plant-breeding 
companies have 
been bought up by inter-national 
companies that 
produce pesticides and 
artificial fertilizers. These 
are, however, not at all 
interested in undemanding, locally ad-apted 
varieties. They are only interested 
in agricultural varieties adapted to the 
input of their chemicals, because the-se 
companies gain more money selling 
pesticides and artificial fertilizers than 
they do by selling seeds. For them, seeds 
are like the worm on the fishhook: fish, 
in this case the peasants, are meant to 
bite - consequently buying the agroche-mical 
products needed to grow their 
plants. Such multinational companies 
develop genetically modified organisms 
(GMO) in order to make huge profits,
2. The power of seed and agrochemical companies 
increasing loss of agricultural biodiversi-ty. 
To counter this trend, the criteria for 
plant breeding should be the well-being 
of plants and the human beings who eat 
them. This is a task for the whole socie-ty, 
and it should be financed with public 
funds. 
... fewer and fewer companies have 
more and more control 
The concentration of the seed market 
is growing daily. The three seed and 
agrochemical companies Monsanto, Du- 
Pont and Syngenta already control 53% 
of the worldwide seed trade. German 
companies like Bayer, BASF and KWS and 
the French Limagrain are also among 
the Top 10 on the global seed market. 
Together they already control 73%. 
(Who will control the Green Economy? 
See www.etcgroup.org/en/node/5296) 
The multiple interconnections bet-ween 
seed companies and their subsidi-ary 
firms are clearly portrayed in Philip 
H. Howard‘s „Seed Industry Structure“ 
graphic: www.msu.edu/~howardp/seedin-dustry. 
html. 
... development aid for more „indus-trial“ 
seeds 
These huge companies make use of 
this concentration of power to get local 
seed traders to work for them in many 
parts of the world. In certain regions of 
India, for example, for some time it was 
only possible to buy genetically modified 
BT cotton seeds, forcing local farmers to 
grow GM cotton because in their regi-on 
they could not obtain conventional 
seeds. 
Transnational companies also manipu-late 
development aid projects. For some 
years, great sums of so-called develop-ment 
aid money have been invested in 
Africa in order to create an infrastruc-ture 
for the seed and agrochemical busi-ness. 
The seeds traded there are not re-gionally 
adapted, patent-free, heirloom 
seeds but products of companies that 
dominate the global market. The goal 
of extending this market domination is 
masked by the pretext of humanitaria-nism. 
The role of major actors, such as 
the Bill & Melinda Gates Foundation and 
the Rockefeller Foundation in Africa is
2. The power of seed and agrochemical companies 
well described in the etcgroup‘s study 
„Food Sovereignty or Green Revolution 
2.0“ www.etcgroup.org/en/node/612 
… seeds and lobbying 
All of these private companies also 
have great 
influence on 
national le-gislations 
and 
i n t e r n a t i o - 
nal treaties, 
such as the 
International 
Union for the 
Protection of 
New Varie-ties 
of Plants 
(UPOV), the 
Convention 
on Biological Diversity (CBD) and the In-ternational 
Rally in front of the EU Directorate–General on 18/4/2011 
Treaty on Plant Genetic Re-sources 
(ITPGR-FA). In addition, by me-ans 
of „revolving door politics“, compa-nies 
put their people in the appropriate 
positions where laws are drafted: www. 
corporateeurope.org/projects/revolving-doorwatch. 
In Brussels, where seed legislation is at 
present being revised and the EU Com-mon 
Agricultural Policy is decided, there 
are plenty of biotech and agrochemical 
industry lobby organisations. The orga-nisation 
„Cor-porate 
Euro-pe 
Observato-ry 
(CEO)“ do-cuments 
and 
denounce s 
the power of 
such compa-nies 
in Euro-pe. 
It took an 
active part in 
the protest 
during the 
Seed Action 
Days, distributing a brochure about the 
main actors in Brussels, such as the Eu-ropean 
Seed Association (ESA), Europa- 
Bio (a coalition of biotech company lob-by 
groups), Monsanto (by far the biggest 
company on the seed market), Bayer and 
BASF. This information is available at: 
www.corporateeurope.org/blog/biotech-lobby- 
brochure-launched-demo.
3. Seed law = seed marketing law 
The seed legislation, including the seed 
marketing laws and some related regu-lations, 
determines 
which seeds can be 
sold and according 
to what criteria. In 
the same way as 
new medicines, seeds 
can only be sold 
once they have been 
authorised as mar-ketable 
goods by the 
state. One could ask 
oneself why seeds, 
which are a source of life and diversity, 
need the state to determine what is al-lowed 
Cereal show-garden at the Ulenkrug farm 
and what is not? Seeds - unless 
genetically modified - should not be sub-ject 
to admission procedures at all, since 
any admission procedure includes the 
prohibition of the sale of whatever is not 
authorised. 
The seed marketing legislation has been 
developed in Europe over the past 100 
years, as seeds increasingly ceased to be 
objects of exchange between neighbours 
and started to become goods traded on a 
market in which people no longer know 
each other. Certain criteria for seeds 
were developed with the justification 
that only seeds that 
would ensure suffi-cient 
yields should 
be permitted on the 
market. Minimum 
requirements are for 
example purity and 
germination capaci-ty. 
In addition, in or-der 
to be put on the 
market, seeds have 
to pass an admission 
procedure to be included in the recog-nised 
list of varieties. Admission criteria 
are distinctness, uniformity and stability 
- the so-called DUS criteria. 
These criteria correspond to the 
industry‘s priorities and new varieties. 
Traditional, regionally adapted, heirloom 
varieties usually do not meet these cri-teria, 
as one of their key characteristics 
ist that they possess a genetic variability 
within the variety itself, and they are not 
stable over generations. These characte-ristics 
enable varieties to adapt to chan-ging 
regional and climate conditions.
They are therefore the central starting 
point for further breeding. 
The DUS criteria, together with the de-mands 
of agricultural and garden crop 
buyers using industriali-sed 
processing methods 
requiring homogeneity, 
have resulted in a mas-sive 
loss of heirloom 
varieties from fields and 
gardens. Traditional, re-gional 
and heirloom va-rieties 
do not meet the 
DUS criteria. They are 
therefore not admitted 
for sale and hardly used 
anymore. The introduc-tion 
of a variety catalo-gue 
in Germany in 1934 
resulted in the disappea-rance 
of 72% of the varieties available at 
that time. Some varieties have, however, 
been conserved by „seed lovers“ and 
conservation initiatives and are today 
known as conservation varieties. 
By distributing their conservation seeds 
to others, seed initiatives such as Arche 
Noah in Austria, Pro Specie Rara in Swit-zerland 
or the associations VERN, VEN 
and Dreschflegel in Germany, have been 
acting within a legal limbo. 
In the EU the Seed Marketing Law has 
been in effect since 1966. 
The legal framework 
for commercial seeds is 
defined in 12 directives 
that member states are 
obliged to integrate into 
their national legislati-ons. 
Since 2008 the EU is in 
the process of revising 
these directives and the 
new regulations should 
be completed by the end 
of 2012. As part of this 
revision, new so-called 
„conservation directives“ 
have already been adopted. They aim 
to close the legal „gap“ with regard to 
the marketing of traditional and con-servation 
varieties. According to these 
EU directives, conservation varieties will 
also have to registered in an official ca-talogue. 
While costs and bureaucracy are 
to be comparatively lower, the directives 
3. Seed law = seed marketing law 
Seed exchange in Brussels on 17/4/2011
include restrictions. Conservation variety 
seeds may only be multiplied in defined 
„regions of origin“, and the market share 
of a conservation variety may not exceed 
0.5% (the figure differs according to the 
variety) of the total 
market of the particu-lar 
species. In addition, 
all conservation vari-eties 
may not account 
for more than 10% of 
the species. To make 
it even more complica-ted, 
the new directive 
also includes a cate-gory 
called „Varieties 
for special conditions“ 
(or amateur varieties). 
Different regulations 
apply for them. 
These directives were all transposed 
into the national legislation of each 
member state by the end of 2010. One can 
find these national texts on http://eur-lex. 
europa.eu under the following CELEX 
numbers : „72008L0062“ (for agricultu-ral 
conservation varieties), „72009L0145“ 
(for conservation varieties of vegetables) 
3. Seed law = seed marketing law 
or „72010L0060“ (for mixtures of fodder 
plants). 
There is little leeway for less restrictive 
regulations with regard to the recogni-tion 
of varieties and the production of 
seeds of these varie-ties. 
An examination 
of the legislation on 
conservation varieties 
ist o be carried out by 
the end of 2013. 
In general, it can 
be concluded that 
the EU‘s conservati-on 
directives neither 
facilitate the impor-tant 
work of those 
conserving such seeds 
nor promote biologi-cal 
diversity - on the 
contrary, they guarantee that the seed 
industry will have 90% control over the 
seed market. 
The Swiss legislation allows for more 
diversity but may become subject to 
changes due to its adaptation to EU laws.
4. Seed law = seed marketing law 
Presently, the EU Commission, in the 
form of the Directorate General for 
Health and Consumer Affairs (DG San- 
Co) in charge of the Seed Marketing 
Law, is working towards a stricter ex-clusion 
of heirloom varieties. But there 
is opposition! 
European Court of Justice (ECJ) adopts 
a disastrously negative position 
On 12 July 2012 the ECJ announced its 
verdict in a case concerning Kokopelli. 
Taken to court by the seed company 
Graines Baumaux, this French seed con-servation 
network with 6000 members 
had been sentenced to pay a fine of 
10,000 euros for selling non-registered va-rieties. 
The Nancy appeal court followed 
Kokopelli‘s request to confer the question 
to the European Court of Justice in order 
to clarify if the present EU seed legislati-on 
violates fundamental principles. The 
EU Council and Commission had stated 
their opposition to Kokopelli, as had the 
governments of France and Spain. 
On 19 January 2012, the Advocate Gene-ral 
Juliane Kokott appointed by the ECJ 
to give an opinion on the case, deman-ded 
the suspension of the present prohi-bition 
of sale for seeds of plant varieties 
that are not included in the official vari-ety 
catalogues. She considered the pro-hibition 
of marketing of non-tested vari-eties 
to be disproportional as compared 
to the objectives of maintaining existing 
biodiversity. If the ECJ had followed this 
opinion, the EU seed marketing legisla-tion 
would have become untenable and 
EU seed directives and the corresponding 
national laws would have had to be revi-sed 
accordingly. 
Unfortunately, the ECJ did not follow 
the position of ist own magistrate. In-stead; 
it confirmed the validity of existing 
EU legislation. This is a highly regretta-ble 
outcome for all the initiatives, small 
companies and individuals dedicated to 
the conservation and development of 
heritage varieties, and the distribution 
of their seeds. Such initiatives cannot 
the time and money required to register 
these varieties. 
The Seed Campaign has published „11 
questions and answers concerning EU 
seed legislation in the context oft he ECJ 
verdict“.
5. Plant variety protection and UPOV 
Plant variety protection (PVP) is inten-ded 
to protect intellectual property in 
plant breeding. Independent plant bree-ders‘ 
rights were first introduced in the 
Federal Republic of Germany in 1953, in 
the United KIngdom in the Plant Varities 
Seeds Act in 1964. 
Since then, community plant variety 
rights have become more important in 
the EU. They are administered by the 
Community Plant Variety Office in An-gers, 
France. By the end of 2009, a total 
of 16,783 Community Plant Variety Rights 
had been approved. 
International Union for the Protection 
of New Varieties of Plants (UPOV) 
On an international level, Plant Variety 
Protection is regulated by the internatio-nal 
organisation UPOV (Union Internati-onale 
pour la Protection des obtentions 
végétales) which was establised in 1961 
with its headquarters in Geneva, Swit-zerland. 
The UPOV Convention (Interna-tional 
Convention for the Protection of 
New Varieties of Plants) was revised and 
tightened up in 1978 and 1991. 
While UPOV had few members in the 
1960s, this number has risen significantly 
over the past few years. Many so-called 
„newly industrialised countries“ joined 
the 1991 Convention (the 1978 version 
cannot be signed officially anymore, alt-hough 
it is still valid), because they had 
been put forced to do so by bilateral tre-aties 
with the USA or the EU. 
The objective of UPOV is the codifica-tion 
of intellectual property rights for 
plant breeders. Member States must gua-rantee 
minimum standards for breeders‘ 
rights. For example, UPOV demands the 
breeder‘s authorisation for the produc-tion, 
multiplication, storing, selling and 
marketing, importing and exporting of 
his variety. However, the PVR legislation 
allows (or rather allowed) for two excep-tions. 
On the one hand, the former farmers‘ 
right, today known as „farmers‘ privilege“, 
gives the right to farmers to save and re-sow 
seeds from protected varieties. 
On the other hand, the breeder‘s right, 
today called „breeder‘s exemption clause“, 
was part of farmers‘ rights. This allows 
breeders to use a protected variety as the
basis for breeding new varieties, without 
having to pay licence fees or requiring 
the original breeder‘s authorisation. 
In comparison to the 1978 UPOV Con-vention, 
the 1991 Convention limited the 
general possibility of saving seed free of 
charge, and breeders must now be com-pensated. 
The regulations concerning the scope 
of property rights now largely resem-ble 
patent rights. The protection period 
is now also at least 20 years (before 15); 
parallel protection by patent is also allo-wed 
(earlier, double protection was pro-hibited); 
the scope of plant protection 
has been considerably increased, and the 
limited farmer‘s privilege was left to the 
judgement of the respective national le-gislations. 
The reason given for plant variety rights, 
licence fees for protected seeds and fees 
for seed saving is that breeders should 
be paid for their work. However, the 
idea that in this sector there are above 
all many small and medium-sized com-panies 
is misleading. Many of them are 
branches of a handful of transnational 
chemical corporations that dominate the 
seed market. These develop new varieties, 
not because of their better adaptation to 
local conditions or resistance to diseases, 
but in order to sell the agrochemical pro-ducts, 
fertilizers and pesticides necessary 
for their growth. 
UPOV favours the seed/chemical indus-try 
and its misguided development of 
varieties with very uniform (i.e. hostile 
to diversity) and stable (i.e. not flexible) 
charactreristics. 
Because of the criteria for variety ad-mission, 
UPOV treaties force member 
states to follow this mistaken strategy 
of the seed industry. They actually pro-hibit 
breeding for the good of plants and 
people. 
In 2007 GRAIN published „The end of 
farm-saved seed? Industry‘s wish list for 
the next revision of UPOV”. This briefing 
traces recent discussions within the 
seed industry and explores what will 
happen if a plant variety right becomes 
virtually indistinguishable from a patent. 
(http://www.grain.org/article/entries/58- 
the-end-of-farm-saved-seed-industry-s-wish- 
list-for-the-next-revision-of-upov). 
5. Plant variety rights and UPOV
Patents are granted on inventions that 
are new, implicate an innovation and can 
be used commercially. The invention has 
to be described 
and thereby made 
public. If a patent 
is granted, the 
owner disposes 
of the sole right 
to use the inven-tion 
for a certain 
time (usually 20 
years), meaning 
that s/he can ex-clude 
others from 
using it. Normally 
it is the task of national patent offices 
to grant patents that are only valid on 
the respective national territory. Patent 
owners have to pay fees to the patent 
offices for the granting and implemen-tation 
March through Brussels on 18/4/2011 
of a patent, which is how these 
offices are financed. 
Patent claims on plants can go much 
further than plant variety rights: they 
do not only apply to seeds, but also to 
plants, parts of plants, their harvest and 
derived products. 
6. Patents on plants 
For a long time biological material, 
such as plants, their parts and proper-ties, 
could not be patented in Europe. 
However, Article 
27 of the World 
Trade Organisati-on 
TRIPS Treaty 
of 1995 obliged all 
member states to 
introduce a pa-tent 
system. It is 
true that plants 
and animals 
(with the excep-tion 
of micro-organisms) 
and 
biological procedures (with the excepti-on 
of non-biological and microbiological 
procedures) for breeding plants and ani-mals 
can be excluded from patentability. 
However, it was precisely the exceptions 
to this exceptions regulation that open-ed 
the door for the patenting of plants, 
for this was what they had been created 
for. Even before European and national 
laws could be adapted accordingly, the 
European Patent Office (EPO), located 
in Munich (Germany), started patenting
6. Patents on plants 
characteristics resulting from genetic 
manipulation in plants which were con-sidered 
„non-biological“ breeding proce-dures. 
In 1995, the European Parliament failed 
to adopt a EU directive aimed at im-plementing 
this TRIPS article. Only in a 
second attempt, after an immense lob-bying 
effort by the industries concerned, 
EU „Directive 98/44/EC on the legal pro-tection 
of biotechnological inventions“ 
was adopted in 1998. In Germany and 
other European countries, this contro-versial 
directive was not implemented 
before the end of 2004, due to its signi-ficant 
shortcomings. German law, howe-ver, 
was designed in such a way as to 
have no influence whatsoever on EPO 
patent decisions. The EPO works mostly 
at its own discretion. 
Since then, the European Patent Office 
has not only granted patents on geneti-cally 
implanted characteristics of plants 
but also on plant characteristics resulting 
from conventional breeding methods 
where genetic engineering techniques 
only play a marginal role, such as for the 
description or selection of varieties. 
Objections may be raised free of charge 
between the application for a patent and 
its granting. After the patent has been 
granted, objections can be presented du-ring 
nine months, but have to be paid 
for. These are dealt with by the EPO. Af-ter 
that, national authorities and courts 
are responsible for patents - but in such 
cases appealing against patents becomes 
very expensive. 
In our opinion, all organisms, whether 
plants, animals or human beings, and 
their specific characteristics, cannot be 
considered to be inventions, They are 
the result of natural development. This 
alone makes the patenting of something 
alive an absurdity. Like the network of 
the same name (www.keinpatent.de), 
we demand: „No patents on life“. 
Privatising life comes to the same as 
robbing nature, which is the common 
property of all!
7. How to organise a seed exchange 
More and more people are becoming 
interested in agriculture, garden and 
self-sufficient projects. They are star-ting 
to think about ways to regain con-trol 
over their food supply and thereby 
become more independent of disease-provoking 
industrial food production. 
But where do the seeds for these gar-dens 
and projects come from? Often 
from infertile F1 hybrid varieties bought 
in the garden centre. This way, people 
lose the possibility to obtain their own 
seeds the following year, thus giving 
away part of their independence. But 
there are alternatives - unpatented, fer-tile 
seeds! You can find them at seed 
conservation initiatives, from small far-mers 
and the old gardener next door ... 
We are not willing to accept the pro-hibition 
of these alternatives, since hu-man 
beings all over the world have at 
all times exchanged seeds, thus creating 
such rich diversity. Free access to seeds 
is a basic human right. Seeds are com-mon 
property and the basis of all food. 
Organise seed swaps and seed parties, 
exchange your seeds and seedlings. Find 
out which varieties grow well in your 
area, and become independent of seed 
and chemical companies, their pesti-cides 
and their destructive role in the 
worldwide industrial food and agricul-ture 
business. 
The more seed swaps we organise, the 
less control companies will have over 
us! And what comes from your garden 
will always taste much better anyway! 
In April 2012 an initiative called ‚Or-ganic 
Seeds by Organic Growers‘ was 
launched. This is a move to encoura-ge 
learning skills in seed growing and 
selection by organic and biodynamic 
growers. It is coordinated jointly by 
Action in Berlin on Via Campesina Day, 17/4/2011
7. How to organise a seed exchange 
www.open-pollinated-seeds.org.uk. and 
www.gardenorganic.org.uk 
The objective of ‚Organic seeds by or-ganic 
growers‘ is also to ensure that 
many more open-pollinated varieties 
are maintained by organic producers. 
For this to happen, it is of course neces-sary 
to develop seed skills.. 
Checklist: 
Who is to organise the seed swap? 
If there are not enough of you to 
organise the seed swap, you can put 
up posters at suitable places (cultural 
centre, farm/wholefood shop, allotment 
gardens etc.) or directly address people 
and groups who might be interested in 
order to find participants (community 
or international gardens, anti-biotech 
groups, organic farming associations...) 
Where do the seeds for the exchange 
come from? 
Local, amateur and professional 
gardeners are invited to bring along 
fertile seeds (no F1 hybrid varieties). 
Since it is not yet common again to 
produce one’s own seeds, invite seed 
conservation initiatives or small organic 
breeders for support and ask them for 
advice! 
Another way of getting things moving 
is to exchange not only seeds but also 
seedlings, which are more likely to be 
found in your gardens. 
Where and when should the seed swap 
take place? 
Outside would be a good place, but 
you need an alternative in case of 
bad weather. Apart from that, it also 
depends on the participants (if the seed 
swap is going to involve people from a 
community garden or organic farm, do 
Urban garden „Ton-Steine-Gärten“ in Berlin 
on Via Campesina Day 2011
7. How to organise a seed exchange 
it there) and how big the event is going 
to be (how many additional activites in 
the programme). The best time to have 
a seed swap is in the beginning of the 
year, before the gardening season starts. 
What else can be part of such a seed 
swap? 
• food (find volunteers to arrange for 
food and drinks) 
• cultural and political programme 
(invite specialists for a presentation, 
show a film, organise an exhibition), 
• exchange knowledge: practical 
workshops about seed production 
and other topics 
• information stands on particular 
topics, book stalls, leaflets, signature 
lists, etc. 
• Children entertainment (potato print, 
painting faces…) 
• joint planting sessions. 
Do not forget to invite people 
personally and advertise the event! 
Very important: Have fun together! 
In the end, this is also about creating 
social seed networks. 
For a more detailed checklist for 
organising a seed swap and further 
useful information see: 
www.seedysunday.org. 
A little impression of corn diversity (Brussels 17/4/2011) 
Seed swap in the inner courtyard of „Maison des Cultures“, 
Molenbeek, Brussels 17/4/2011
8. Appearing in the documentary: 
Seed campaign 
The Campaign for Seed Sovereignty 
(www.seed-sovereignty.org) was 
launched in 2008 by the „European 
Cooperative Longo Mai“ network and 
the BUKO Campaign against Biopiracy. 
Many people from different European 
countries followed their call to protest 
against the EU seed legislation. The 
Brussels Action Days were only 
possible thanks to the support of many 
committed people. 
European Cooperative Longo maï 
This network consists of ten 
cooperatives located in five European 
countries. For almost 40 years, they 
have above all practiced farming, 
mostly for their own needs, and are 
involved in many political campaigns, 
many of them linked to agricultural 
questions. The farm „Ulenkrug“ was 
founded in 1995. It is located in 
Mecklenburg-Western Pomerania 
(Germany), and runs a show garden for 
old wheat varieties and other cereal 
varieties. It has played an important 
part in the seed campaign. 
BUKO Campaign against Biopiracy 
The „BUKO Campaign against Biopiracy“ 
(www.biopiraterie.de) has been active 
since 2002, organising opposition 
against seed, pharmaceutical and food 
companies and their appropriation of 
genetic resources, thus giving support 
to initiatives mounted by traditional 
and local communities as well as 
peasant producer groups. Since the 
European Seed Seminar in Halle in 
2007, the emphasis has been placed on 
„liberating the genetic resource“: seeds. 
BUKO („Bundeskoordination 
Internationalismus“) is the German 
coordination on internationalism 
Corporate Europe Observatory (CEO) 
CEO (www.corporateeurope.org) is a 
research and campaign group working 
to expose and challenge the privileged 
access and influence enjoyed by 
corporations and their lobby groups in 
EU policy making. They investigate the 
interconnections between economy and 
politics in Brussels in different fields 
(agricultural, economic, international, 
energy and water policies).
IFOAM EU Group 
IFOAM EU Group (http://www. 
ifoam-eu.org) is the Brussels based 
EU working level of IFOAM – the 
International Federation of Organic 
Agriculture Movements. IFOAM’s 
goal is the worldwide adoption of 
ecologically, socially and economically 
sound systems that are based on the 
principles of Organic Agriculture. 
Association Kokopelli 
Kokopelli (www.kokopelli.asso.fr) is a 
seed conservation initiative in France 
which in 2008 was sentenced for 
„unfair competition“. The French seed 
company Graines Baumaux had sued 
Kokopelli for selling seeds of vegetable 
varieties not registered in the national 
variety catalogue. On Kokopelli‘s 
request, the French court conferred 
the case to the European Court of 
Justice to clarify whether European 
seed legislation violates fundamental 
European principles. More information 
is given above in Chapter 4. 
8. Appearing in the documentary: 
Seedy Sunday 
The initiative Seedy Sunday (www. 
seedysunday.org) has been organising 
seed swaps in Brighton (Great 
Britain) for ten years, now attracting 
thousands of visitors. At the same 
time, Seedy Sunday considers itself a 
campaign for biological diversity and 
against the increasing control over 
seed availability exercised by a few big 
companies. 
Internationale Gärten e.V. 
The International Gardens (www. 
internationale-gaerten.de) in Göttingen 
(Germany) are places where refugee, 
migrant and German families relate 
to each other and together set a 
positive example for international 
understanding and integration through 
intercultural cooperation. The project 
was founded in 2003 and has ever 
since been opposing exclusion by 
creating alternatives for the social 
integration of refugee and migrant 
families.
Stiftung Interkultur (fondation 
interculture) 
The „Interculture Foundation“ (www. 
stiftung-interkultur.de) was founded in 
2003 and seeks to contribute to a new 
understanding of social integration. 
The foundation advises people on 
the creation and development of 
intercultural gardens, provides 
knowledge and experience from 
other projects in a summarized form, 
evaluates and researches project 
practices, coordinates a research 
network, combines and enriches 
different discourses on immigration 
and intercultural subjects and 
illustrates the potential of self-organization 
and DIY initiatives. 
Çiftçi-Sen 
is a federation of farmers unions in 
Turkey and a member of the world­wide 
peasant network Via Campesina. 
The unions are organised according to 
the products their members cultivate : 
the tea, hazelnut, olive, grape, tobacco, 
sunflower and cereal growers unions 
and the animal breeders› union. 
Green Foundation, India 
The Green Foundation (http://www. 
greenconserve.com) works towards a 
well-preserved, diverse ecosystem that 
will sustain the rural livelihoods of the 
present generation without eroding 
the resource base of the future. It 
works with small, marginalised 
farmers in the dry regions of southern 
India in order to promote sustainable 
agriculture. 
Shalini Bhutani, India 
Shalini Bhutani is a lawyer and was 
with GRAIN (www.grain.org) for years 
until 2011, she is still associated with 
the Pesticides Action Network Asia 
Pacific (www.panap.net), especially 
monitoring the CGIAR centre in Asia 
IRRI (http://www.panap.net/en/ap/ 
page/about-pan-ap/143). She also works 
together with several small farmer 
organisations and local communities 
across the region. Her focus areas 
include international agrarian and 
trade agreements and their impact 
on India, peasant agriculture and 
biological diversity. 
8. Appearing in the documentary:
Thank you! 
We would like to thank all of the local groups that supported the Seed Action 
Days with decentralised actions in several countries. 
And also to thank all the committed individuals in several countries and the 
following organisations for making these days of protest possible: 
in Brussels for actions taken there: 
• Le Début des Haricots 
• CEO (Corporate European Observatory) 
• Le collectif du 123 
• Rencontre des Continents 
• Agenda 21 
• FUGEA 
in Europe: 
• L’association Kokopelli 
• Österreichische Bergbauern-und 
Bäuerinnen 
Vereinigung (ÖBV) 
• Via Campesina Austria 
• BUKO Campaign against 
Biopiracy 
• European Civic Forum 
• European Cooperative Longo 
Mai 
Action Theatre at the end of the march in Brussels on 18/4/2011
Handing-over of signatures for „Sowing a future – harvesting 
diversity“ to three members of the European Parliament 
Isabelle Durant, Vice President of the EU Parliament, 
Marc Tarabella and Kriton Arsenis (MEPs) taking the 
signatures to the Parliament 
Campaign for Seed Sovereignty - www.saatgutkampagne.org / www.seed-sovereignty.org 
Demonstration and handing over signatures on 18/04/2011 in Brussels

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Resilient Seed

  • 1. „Resilient Seed“ On the seed industry, EU seed laws and the engagement for seed-sovereignty A booklet to accompany the documentary by Ella von der Haide on the Seed Sovereignty Action Days on 17-18 April 2011 in Brussels Autumn 2012 - Distributed free of charge
  • 2. „Resilient Seed“ - the film Documentary by Ella von der Haide (2011), 30 min. Original version with subtitles A documentary about the Seed Action Days that took place in Brussels on 17-18 April 2011 Company interests and restrictive laws represent a threat to something that should be a matter of course for everybody: the production and exchange of seeds. This development is due to transnational seed and agribusiness companies strongly influencing the legislation in Brussels through their lobby firms. The „European Campaign for Seed Sovereignty“ organised a diverse and colourful protest in Brussels against this menace and invited people to seed swaps in order to bring free heritage seeds back into use. This documentary is available with subtitles in English, French, German, Dutch, Greek, Japanese and Spanish. Available at www.seed-sovereignty.org/film.html. Further information: With our thanks to the organisations that have provided financial support : aktion selbstbesteuerung - www.bewegungsstiftung.de Friede durch gerechte Entwicklungspolitik
  • 3. „Resilient Seed“ - the booklet CONTENT 1. Get informed and take action! 4 2. The power of seed and agrochemical companies 6 3. Seed law = seed marketing law 9 4. Seed law in 2012 at a crossroads 12 5. Plant variety protection (PVP) and UPOV 13 6. Patents on plants 15 7. How to organise a seed swap 17 8. Appearing in the documentary 20 9. Thank you 23 Impressum: Authors: Anne Schweigler and Andreas Riekeberg, English translation: Nicolas Bell, Photos: Anne Schweigler, Udo Schilling and Johannes Geiermann (Seed Campaign), Photos p. 17/18: Arantxa Aldunzin (Umbruch Bildarchiv), Drawings p. 3/11: titom.be (CC: BY-NC-ND_2.0-be). Published in Autumn 2012 for the Campaign for Seed Sovereignty (www.seed-sovereignty.org):
  • 4. 1. Get informed and take action! Seeds are a fundamental base for gro-wing our food both in agriculture and gardening. For seed and agrochemical companies, they represent a resour-ce that enables them to earn a lot of money and to gain control over food production. For decades they have been breeding va-rieties to facilitate their control. These are either hybrid varieties, ma-king it necessary to constantly buy new seeds because only the first generation gives a good harvest. Alternatively the varieties are patented and thereby totally privatised. This is one of the reasons for genetical-ly modifying seeds: to be able to patent them. However, patents have also been granted for plant characteristics that have not been obtained through gene-tic Seed box at seed exchange in „Maison des Cultures et de la cohésion sociale de Molenbeek-Saint-Jean“, Brussels modification. In order to grow, all of these varieties need a powerful input of artificial fertilizers, pesticides and ir-rigation. Since the middle of the last centu-ry, seed and agrochemical companies have been determining what agricu-ltural crops are planted and by what methods in an increasing number of countries. One of their main strategies for imposing their interests is their en-ormous influence on legislation and international trade agreements. A re-cent example is the present revision of the European Uni-on seed marketing legislation. The Seed Action Days were organised on 17-18 April 2011 in Brussels in order to combat a further tightening up of this legislation and particularly against the exclusion of non-registered seeds from sale. The Seed Sovereignty Campaign (Seed Campaign) conducted a protest, together with initiatives and organisa-tions from many European countries, against the domination of seed and agrochemical companies. This is what
  • 5. the documentary „Seeds in Resistance“ is all about. At the first European seed swap in Brussels and at decentralised seed events in many European countries, especially Poland and Portugal, activists and seed lovers emphasi-sed the importance of creating practical alternatives. It is important that more people get actively involved with seeds and learn to conserve and multiply them. At seed swaps gardeners and farmers can ex-change Protest march through the European Union district not only seeds but also their knowledge about the cultivation and use of plants and other interesting in-formation. Seed swaps are ideal occa-sions for networking, attracting people from different cultures and of different ages. The Seed Sovereignty Campaign calls for „Seed Swaps everywhere“! More in-formation and a checklist on „How to 1. Get informed and take action! organise a seed exchange“ can be found in the following pages. We aim to achieve seed sovereignty – meaning that people should be able to have access to the seeds required for their own food. This involves local social networks bringing to-gether farmers and gar-deners using regionally adapted, free and open of Brussels on 18/4/2011 pollinated heirloom varieties in agri-culture or urban community gardens, in household or allotment gardens or on the balcony. At the same time, we need agriculture and seed policies that promote this practice and facilitate the access to seeds, breaking the domina-tion of the big seed companies by pro-hibiting genetically modified seeds and seed privatisation. This is what we are fighting for! You are invited to become part of the grow-ing world-wide movement for seed and food sovereignty!
  • 6. 2. The power of seed and agrochemical companies while contributing to the destruction of biodiversity. ... Terminator seed vari-eties for total control The priority given by seed companies to gaining maximum profits in their plant breeding work leads to perverse developments such as „terminator va-rieties“. These are plants whose seeds are sterile unless they are treated in Banner at march in Brussels on 18/4/2011 time with a special chemical. At present, terminator technology is subject to an international moratorium. However, the very fact that efforts have been made to develop them shows that the seed in-dustry is not interested in highly fertile varieties, but in gaining worldwide con-trol over agriculture and horticulture, making it necessary to buy new seeds every year The fact that the key criteria in plant breeding is ensuring maximum profits for the chemical industry represents a life-threatening dead end, resulting in an ...in plant breeding A major problem in the field of plant breeding is the growing influence of agrochemical companies and their strategies in the field of plant breeding. Over the past decades, many medium-sized plant-breeding companies have been bought up by inter-national companies that produce pesticides and artificial fertilizers. These are, however, not at all interested in undemanding, locally ad-apted varieties. They are only interested in agricultural varieties adapted to the input of their chemicals, because the-se companies gain more money selling pesticides and artificial fertilizers than they do by selling seeds. For them, seeds are like the worm on the fishhook: fish, in this case the peasants, are meant to bite - consequently buying the agroche-mical products needed to grow their plants. Such multinational companies develop genetically modified organisms (GMO) in order to make huge profits,
  • 7. 2. The power of seed and agrochemical companies increasing loss of agricultural biodiversi-ty. To counter this trend, the criteria for plant breeding should be the well-being of plants and the human beings who eat them. This is a task for the whole socie-ty, and it should be financed with public funds. ... fewer and fewer companies have more and more control The concentration of the seed market is growing daily. The three seed and agrochemical companies Monsanto, Du- Pont and Syngenta already control 53% of the worldwide seed trade. German companies like Bayer, BASF and KWS and the French Limagrain are also among the Top 10 on the global seed market. Together they already control 73%. (Who will control the Green Economy? See www.etcgroup.org/en/node/5296) The multiple interconnections bet-ween seed companies and their subsidi-ary firms are clearly portrayed in Philip H. Howard‘s „Seed Industry Structure“ graphic: www.msu.edu/~howardp/seedin-dustry. html. ... development aid for more „indus-trial“ seeds These huge companies make use of this concentration of power to get local seed traders to work for them in many parts of the world. In certain regions of India, for example, for some time it was only possible to buy genetically modified BT cotton seeds, forcing local farmers to grow GM cotton because in their regi-on they could not obtain conventional seeds. Transnational companies also manipu-late development aid projects. For some years, great sums of so-called develop-ment aid money have been invested in Africa in order to create an infrastruc-ture for the seed and agrochemical busi-ness. The seeds traded there are not re-gionally adapted, patent-free, heirloom seeds but products of companies that dominate the global market. The goal of extending this market domination is masked by the pretext of humanitaria-nism. The role of major actors, such as the Bill & Melinda Gates Foundation and the Rockefeller Foundation in Africa is
  • 8. 2. The power of seed and agrochemical companies well described in the etcgroup‘s study „Food Sovereignty or Green Revolution 2.0“ www.etcgroup.org/en/node/612 … seeds and lobbying All of these private companies also have great influence on national le-gislations and i n t e r n a t i o - nal treaties, such as the International Union for the Protection of New Varie-ties of Plants (UPOV), the Convention on Biological Diversity (CBD) and the In-ternational Rally in front of the EU Directorate–General on 18/4/2011 Treaty on Plant Genetic Re-sources (ITPGR-FA). In addition, by me-ans of „revolving door politics“, compa-nies put their people in the appropriate positions where laws are drafted: www. corporateeurope.org/projects/revolving-doorwatch. In Brussels, where seed legislation is at present being revised and the EU Com-mon Agricultural Policy is decided, there are plenty of biotech and agrochemical industry lobby organisations. The orga-nisation „Cor-porate Euro-pe Observato-ry (CEO)“ do-cuments and denounce s the power of such compa-nies in Euro-pe. It took an active part in the protest during the Seed Action Days, distributing a brochure about the main actors in Brussels, such as the Eu-ropean Seed Association (ESA), Europa- Bio (a coalition of biotech company lob-by groups), Monsanto (by far the biggest company on the seed market), Bayer and BASF. This information is available at: www.corporateeurope.org/blog/biotech-lobby- brochure-launched-demo.
  • 9. 3. Seed law = seed marketing law The seed legislation, including the seed marketing laws and some related regu-lations, determines which seeds can be sold and according to what criteria. In the same way as new medicines, seeds can only be sold once they have been authorised as mar-ketable goods by the state. One could ask oneself why seeds, which are a source of life and diversity, need the state to determine what is al-lowed Cereal show-garden at the Ulenkrug farm and what is not? Seeds - unless genetically modified - should not be sub-ject to admission procedures at all, since any admission procedure includes the prohibition of the sale of whatever is not authorised. The seed marketing legislation has been developed in Europe over the past 100 years, as seeds increasingly ceased to be objects of exchange between neighbours and started to become goods traded on a market in which people no longer know each other. Certain criteria for seeds were developed with the justification that only seeds that would ensure suffi-cient yields should be permitted on the market. Minimum requirements are for example purity and germination capaci-ty. In addition, in or-der to be put on the market, seeds have to pass an admission procedure to be included in the recog-nised list of varieties. Admission criteria are distinctness, uniformity and stability - the so-called DUS criteria. These criteria correspond to the industry‘s priorities and new varieties. Traditional, regionally adapted, heirloom varieties usually do not meet these cri-teria, as one of their key characteristics ist that they possess a genetic variability within the variety itself, and they are not stable over generations. These characte-ristics enable varieties to adapt to chan-ging regional and climate conditions.
  • 10. They are therefore the central starting point for further breeding. The DUS criteria, together with the de-mands of agricultural and garden crop buyers using industriali-sed processing methods requiring homogeneity, have resulted in a mas-sive loss of heirloom varieties from fields and gardens. Traditional, re-gional and heirloom va-rieties do not meet the DUS criteria. They are therefore not admitted for sale and hardly used anymore. The introduc-tion of a variety catalo-gue in Germany in 1934 resulted in the disappea-rance of 72% of the varieties available at that time. Some varieties have, however, been conserved by „seed lovers“ and conservation initiatives and are today known as conservation varieties. By distributing their conservation seeds to others, seed initiatives such as Arche Noah in Austria, Pro Specie Rara in Swit-zerland or the associations VERN, VEN and Dreschflegel in Germany, have been acting within a legal limbo. In the EU the Seed Marketing Law has been in effect since 1966. The legal framework for commercial seeds is defined in 12 directives that member states are obliged to integrate into their national legislati-ons. Since 2008 the EU is in the process of revising these directives and the new regulations should be completed by the end of 2012. As part of this revision, new so-called „conservation directives“ have already been adopted. They aim to close the legal „gap“ with regard to the marketing of traditional and con-servation varieties. According to these EU directives, conservation varieties will also have to registered in an official ca-talogue. While costs and bureaucracy are to be comparatively lower, the directives 3. Seed law = seed marketing law Seed exchange in Brussels on 17/4/2011
  • 11. include restrictions. Conservation variety seeds may only be multiplied in defined „regions of origin“, and the market share of a conservation variety may not exceed 0.5% (the figure differs according to the variety) of the total market of the particu-lar species. In addition, all conservation vari-eties may not account for more than 10% of the species. To make it even more complica-ted, the new directive also includes a cate-gory called „Varieties for special conditions“ (or amateur varieties). Different regulations apply for them. These directives were all transposed into the national legislation of each member state by the end of 2010. One can find these national texts on http://eur-lex. europa.eu under the following CELEX numbers : „72008L0062“ (for agricultu-ral conservation varieties), „72009L0145“ (for conservation varieties of vegetables) 3. Seed law = seed marketing law or „72010L0060“ (for mixtures of fodder plants). There is little leeway for less restrictive regulations with regard to the recogni-tion of varieties and the production of seeds of these varie-ties. An examination of the legislation on conservation varieties ist o be carried out by the end of 2013. In general, it can be concluded that the EU‘s conservati-on directives neither facilitate the impor-tant work of those conserving such seeds nor promote biologi-cal diversity - on the contrary, they guarantee that the seed industry will have 90% control over the seed market. The Swiss legislation allows for more diversity but may become subject to changes due to its adaptation to EU laws.
  • 12. 4. Seed law = seed marketing law Presently, the EU Commission, in the form of the Directorate General for Health and Consumer Affairs (DG San- Co) in charge of the Seed Marketing Law, is working towards a stricter ex-clusion of heirloom varieties. But there is opposition! European Court of Justice (ECJ) adopts a disastrously negative position On 12 July 2012 the ECJ announced its verdict in a case concerning Kokopelli. Taken to court by the seed company Graines Baumaux, this French seed con-servation network with 6000 members had been sentenced to pay a fine of 10,000 euros for selling non-registered va-rieties. The Nancy appeal court followed Kokopelli‘s request to confer the question to the European Court of Justice in order to clarify if the present EU seed legislati-on violates fundamental principles. The EU Council and Commission had stated their opposition to Kokopelli, as had the governments of France and Spain. On 19 January 2012, the Advocate Gene-ral Juliane Kokott appointed by the ECJ to give an opinion on the case, deman-ded the suspension of the present prohi-bition of sale for seeds of plant varieties that are not included in the official vari-ety catalogues. She considered the pro-hibition of marketing of non-tested vari-eties to be disproportional as compared to the objectives of maintaining existing biodiversity. If the ECJ had followed this opinion, the EU seed marketing legisla-tion would have become untenable and EU seed directives and the corresponding national laws would have had to be revi-sed accordingly. Unfortunately, the ECJ did not follow the position of ist own magistrate. In-stead; it confirmed the validity of existing EU legislation. This is a highly regretta-ble outcome for all the initiatives, small companies and individuals dedicated to the conservation and development of heritage varieties, and the distribution of their seeds. Such initiatives cannot the time and money required to register these varieties. The Seed Campaign has published „11 questions and answers concerning EU seed legislation in the context oft he ECJ verdict“.
  • 13. 5. Plant variety protection and UPOV Plant variety protection (PVP) is inten-ded to protect intellectual property in plant breeding. Independent plant bree-ders‘ rights were first introduced in the Federal Republic of Germany in 1953, in the United KIngdom in the Plant Varities Seeds Act in 1964. Since then, community plant variety rights have become more important in the EU. They are administered by the Community Plant Variety Office in An-gers, France. By the end of 2009, a total of 16,783 Community Plant Variety Rights had been approved. International Union for the Protection of New Varieties of Plants (UPOV) On an international level, Plant Variety Protection is regulated by the internatio-nal organisation UPOV (Union Internati-onale pour la Protection des obtentions végétales) which was establised in 1961 with its headquarters in Geneva, Swit-zerland. The UPOV Convention (Interna-tional Convention for the Protection of New Varieties of Plants) was revised and tightened up in 1978 and 1991. While UPOV had few members in the 1960s, this number has risen significantly over the past few years. Many so-called „newly industrialised countries“ joined the 1991 Convention (the 1978 version cannot be signed officially anymore, alt-hough it is still valid), because they had been put forced to do so by bilateral tre-aties with the USA or the EU. The objective of UPOV is the codifica-tion of intellectual property rights for plant breeders. Member States must gua-rantee minimum standards for breeders‘ rights. For example, UPOV demands the breeder‘s authorisation for the produc-tion, multiplication, storing, selling and marketing, importing and exporting of his variety. However, the PVR legislation allows (or rather allowed) for two excep-tions. On the one hand, the former farmers‘ right, today known as „farmers‘ privilege“, gives the right to farmers to save and re-sow seeds from protected varieties. On the other hand, the breeder‘s right, today called „breeder‘s exemption clause“, was part of farmers‘ rights. This allows breeders to use a protected variety as the
  • 14. basis for breeding new varieties, without having to pay licence fees or requiring the original breeder‘s authorisation. In comparison to the 1978 UPOV Con-vention, the 1991 Convention limited the general possibility of saving seed free of charge, and breeders must now be com-pensated. The regulations concerning the scope of property rights now largely resem-ble patent rights. The protection period is now also at least 20 years (before 15); parallel protection by patent is also allo-wed (earlier, double protection was pro-hibited); the scope of plant protection has been considerably increased, and the limited farmer‘s privilege was left to the judgement of the respective national le-gislations. The reason given for plant variety rights, licence fees for protected seeds and fees for seed saving is that breeders should be paid for their work. However, the idea that in this sector there are above all many small and medium-sized com-panies is misleading. Many of them are branches of a handful of transnational chemical corporations that dominate the seed market. These develop new varieties, not because of their better adaptation to local conditions or resistance to diseases, but in order to sell the agrochemical pro-ducts, fertilizers and pesticides necessary for their growth. UPOV favours the seed/chemical indus-try and its misguided development of varieties with very uniform (i.e. hostile to diversity) and stable (i.e. not flexible) charactreristics. Because of the criteria for variety ad-mission, UPOV treaties force member states to follow this mistaken strategy of the seed industry. They actually pro-hibit breeding for the good of plants and people. In 2007 GRAIN published „The end of farm-saved seed? Industry‘s wish list for the next revision of UPOV”. This briefing traces recent discussions within the seed industry and explores what will happen if a plant variety right becomes virtually indistinguishable from a patent. (http://www.grain.org/article/entries/58- the-end-of-farm-saved-seed-industry-s-wish- list-for-the-next-revision-of-upov). 5. Plant variety rights and UPOV
  • 15. Patents are granted on inventions that are new, implicate an innovation and can be used commercially. The invention has to be described and thereby made public. If a patent is granted, the owner disposes of the sole right to use the inven-tion for a certain time (usually 20 years), meaning that s/he can ex-clude others from using it. Normally it is the task of national patent offices to grant patents that are only valid on the respective national territory. Patent owners have to pay fees to the patent offices for the granting and implemen-tation March through Brussels on 18/4/2011 of a patent, which is how these offices are financed. Patent claims on plants can go much further than plant variety rights: they do not only apply to seeds, but also to plants, parts of plants, their harvest and derived products. 6. Patents on plants For a long time biological material, such as plants, their parts and proper-ties, could not be patented in Europe. However, Article 27 of the World Trade Organisati-on TRIPS Treaty of 1995 obliged all member states to introduce a pa-tent system. It is true that plants and animals (with the excep-tion of micro-organisms) and biological procedures (with the excepti-on of non-biological and microbiological procedures) for breeding plants and ani-mals can be excluded from patentability. However, it was precisely the exceptions to this exceptions regulation that open-ed the door for the patenting of plants, for this was what they had been created for. Even before European and national laws could be adapted accordingly, the European Patent Office (EPO), located in Munich (Germany), started patenting
  • 16. 6. Patents on plants characteristics resulting from genetic manipulation in plants which were con-sidered „non-biological“ breeding proce-dures. In 1995, the European Parliament failed to adopt a EU directive aimed at im-plementing this TRIPS article. Only in a second attempt, after an immense lob-bying effort by the industries concerned, EU „Directive 98/44/EC on the legal pro-tection of biotechnological inventions“ was adopted in 1998. In Germany and other European countries, this contro-versial directive was not implemented before the end of 2004, due to its signi-ficant shortcomings. German law, howe-ver, was designed in such a way as to have no influence whatsoever on EPO patent decisions. The EPO works mostly at its own discretion. Since then, the European Patent Office has not only granted patents on geneti-cally implanted characteristics of plants but also on plant characteristics resulting from conventional breeding methods where genetic engineering techniques only play a marginal role, such as for the description or selection of varieties. Objections may be raised free of charge between the application for a patent and its granting. After the patent has been granted, objections can be presented du-ring nine months, but have to be paid for. These are dealt with by the EPO. Af-ter that, national authorities and courts are responsible for patents - but in such cases appealing against patents becomes very expensive. In our opinion, all organisms, whether plants, animals or human beings, and their specific characteristics, cannot be considered to be inventions, They are the result of natural development. This alone makes the patenting of something alive an absurdity. Like the network of the same name (www.keinpatent.de), we demand: „No patents on life“. Privatising life comes to the same as robbing nature, which is the common property of all!
  • 17. 7. How to organise a seed exchange More and more people are becoming interested in agriculture, garden and self-sufficient projects. They are star-ting to think about ways to regain con-trol over their food supply and thereby become more independent of disease-provoking industrial food production. But where do the seeds for these gar-dens and projects come from? Often from infertile F1 hybrid varieties bought in the garden centre. This way, people lose the possibility to obtain their own seeds the following year, thus giving away part of their independence. But there are alternatives - unpatented, fer-tile seeds! You can find them at seed conservation initiatives, from small far-mers and the old gardener next door ... We are not willing to accept the pro-hibition of these alternatives, since hu-man beings all over the world have at all times exchanged seeds, thus creating such rich diversity. Free access to seeds is a basic human right. Seeds are com-mon property and the basis of all food. Organise seed swaps and seed parties, exchange your seeds and seedlings. Find out which varieties grow well in your area, and become independent of seed and chemical companies, their pesti-cides and their destructive role in the worldwide industrial food and agricul-ture business. The more seed swaps we organise, the less control companies will have over us! And what comes from your garden will always taste much better anyway! In April 2012 an initiative called ‚Or-ganic Seeds by Organic Growers‘ was launched. This is a move to encoura-ge learning skills in seed growing and selection by organic and biodynamic growers. It is coordinated jointly by Action in Berlin on Via Campesina Day, 17/4/2011
  • 18. 7. How to organise a seed exchange www.open-pollinated-seeds.org.uk. and www.gardenorganic.org.uk The objective of ‚Organic seeds by or-ganic growers‘ is also to ensure that many more open-pollinated varieties are maintained by organic producers. For this to happen, it is of course neces-sary to develop seed skills.. Checklist: Who is to organise the seed swap? If there are not enough of you to organise the seed swap, you can put up posters at suitable places (cultural centre, farm/wholefood shop, allotment gardens etc.) or directly address people and groups who might be interested in order to find participants (community or international gardens, anti-biotech groups, organic farming associations...) Where do the seeds for the exchange come from? Local, amateur and professional gardeners are invited to bring along fertile seeds (no F1 hybrid varieties). Since it is not yet common again to produce one’s own seeds, invite seed conservation initiatives or small organic breeders for support and ask them for advice! Another way of getting things moving is to exchange not only seeds but also seedlings, which are more likely to be found in your gardens. Where and when should the seed swap take place? Outside would be a good place, but you need an alternative in case of bad weather. Apart from that, it also depends on the participants (if the seed swap is going to involve people from a community garden or organic farm, do Urban garden „Ton-Steine-Gärten“ in Berlin on Via Campesina Day 2011
  • 19. 7. How to organise a seed exchange it there) and how big the event is going to be (how many additional activites in the programme). The best time to have a seed swap is in the beginning of the year, before the gardening season starts. What else can be part of such a seed swap? • food (find volunteers to arrange for food and drinks) • cultural and political programme (invite specialists for a presentation, show a film, organise an exhibition), • exchange knowledge: practical workshops about seed production and other topics • information stands on particular topics, book stalls, leaflets, signature lists, etc. • Children entertainment (potato print, painting faces…) • joint planting sessions. Do not forget to invite people personally and advertise the event! Very important: Have fun together! In the end, this is also about creating social seed networks. For a more detailed checklist for organising a seed swap and further useful information see: www.seedysunday.org. A little impression of corn diversity (Brussels 17/4/2011) Seed swap in the inner courtyard of „Maison des Cultures“, Molenbeek, Brussels 17/4/2011
  • 20. 8. Appearing in the documentary: Seed campaign The Campaign for Seed Sovereignty (www.seed-sovereignty.org) was launched in 2008 by the „European Cooperative Longo Mai“ network and the BUKO Campaign against Biopiracy. Many people from different European countries followed their call to protest against the EU seed legislation. The Brussels Action Days were only possible thanks to the support of many committed people. European Cooperative Longo maï This network consists of ten cooperatives located in five European countries. For almost 40 years, they have above all practiced farming, mostly for their own needs, and are involved in many political campaigns, many of them linked to agricultural questions. The farm „Ulenkrug“ was founded in 1995. It is located in Mecklenburg-Western Pomerania (Germany), and runs a show garden for old wheat varieties and other cereal varieties. It has played an important part in the seed campaign. BUKO Campaign against Biopiracy The „BUKO Campaign against Biopiracy“ (www.biopiraterie.de) has been active since 2002, organising opposition against seed, pharmaceutical and food companies and their appropriation of genetic resources, thus giving support to initiatives mounted by traditional and local communities as well as peasant producer groups. Since the European Seed Seminar in Halle in 2007, the emphasis has been placed on „liberating the genetic resource“: seeds. BUKO („Bundeskoordination Internationalismus“) is the German coordination on internationalism Corporate Europe Observatory (CEO) CEO (www.corporateeurope.org) is a research and campaign group working to expose and challenge the privileged access and influence enjoyed by corporations and their lobby groups in EU policy making. They investigate the interconnections between economy and politics in Brussels in different fields (agricultural, economic, international, energy and water policies).
  • 21. IFOAM EU Group IFOAM EU Group (http://www. ifoam-eu.org) is the Brussels based EU working level of IFOAM – the International Federation of Organic Agriculture Movements. IFOAM’s goal is the worldwide adoption of ecologically, socially and economically sound systems that are based on the principles of Organic Agriculture. Association Kokopelli Kokopelli (www.kokopelli.asso.fr) is a seed conservation initiative in France which in 2008 was sentenced for „unfair competition“. The French seed company Graines Baumaux had sued Kokopelli for selling seeds of vegetable varieties not registered in the national variety catalogue. On Kokopelli‘s request, the French court conferred the case to the European Court of Justice to clarify whether European seed legislation violates fundamental European principles. More information is given above in Chapter 4. 8. Appearing in the documentary: Seedy Sunday The initiative Seedy Sunday (www. seedysunday.org) has been organising seed swaps in Brighton (Great Britain) for ten years, now attracting thousands of visitors. At the same time, Seedy Sunday considers itself a campaign for biological diversity and against the increasing control over seed availability exercised by a few big companies. Internationale Gärten e.V. The International Gardens (www. internationale-gaerten.de) in Göttingen (Germany) are places where refugee, migrant and German families relate to each other and together set a positive example for international understanding and integration through intercultural cooperation. The project was founded in 2003 and has ever since been opposing exclusion by creating alternatives for the social integration of refugee and migrant families.
  • 22. Stiftung Interkultur (fondation interculture) The „Interculture Foundation“ (www. stiftung-interkultur.de) was founded in 2003 and seeks to contribute to a new understanding of social integration. The foundation advises people on the creation and development of intercultural gardens, provides knowledge and experience from other projects in a summarized form, evaluates and researches project practices, coordinates a research network, combines and enriches different discourses on immigration and intercultural subjects and illustrates the potential of self-organization and DIY initiatives. Çiftçi-Sen is a federation of farmers unions in Turkey and a member of the world­wide peasant network Via Campesina. The unions are organised according to the products their members cultivate : the tea, hazelnut, olive, grape, tobacco, sunflower and cereal growers unions and the animal breeders› union. Green Foundation, India The Green Foundation (http://www. greenconserve.com) works towards a well-preserved, diverse ecosystem that will sustain the rural livelihoods of the present generation without eroding the resource base of the future. It works with small, marginalised farmers in the dry regions of southern India in order to promote sustainable agriculture. Shalini Bhutani, India Shalini Bhutani is a lawyer and was with GRAIN (www.grain.org) for years until 2011, she is still associated with the Pesticides Action Network Asia Pacific (www.panap.net), especially monitoring the CGIAR centre in Asia IRRI (http://www.panap.net/en/ap/ page/about-pan-ap/143). She also works together with several small farmer organisations and local communities across the region. Her focus areas include international agrarian and trade agreements and their impact on India, peasant agriculture and biological diversity. 8. Appearing in the documentary:
  • 23. Thank you! We would like to thank all of the local groups that supported the Seed Action Days with decentralised actions in several countries. And also to thank all the committed individuals in several countries and the following organisations for making these days of protest possible: in Brussels for actions taken there: • Le Début des Haricots • CEO (Corporate European Observatory) • Le collectif du 123 • Rencontre des Continents • Agenda 21 • FUGEA in Europe: • L’association Kokopelli • Österreichische Bergbauern-und Bäuerinnen Vereinigung (ÖBV) • Via Campesina Austria • BUKO Campaign against Biopiracy • European Civic Forum • European Cooperative Longo Mai Action Theatre at the end of the march in Brussels on 18/4/2011
  • 24. Handing-over of signatures for „Sowing a future – harvesting diversity“ to three members of the European Parliament Isabelle Durant, Vice President of the EU Parliament, Marc Tarabella and Kriton Arsenis (MEPs) taking the signatures to the Parliament Campaign for Seed Sovereignty - www.saatgutkampagne.org / www.seed-sovereignty.org Demonstration and handing over signatures on 18/04/2011 in Brussels