Opinion: Who owns the rights to seeds?

Right now who owns the rights to seeds that turn into your food is being opened up to public consultation. Photo / 123RF

We must retain the right to use farm saved seed and this must be included and enshrined in legislation, writes Federated Farmers Arable Industry Advisor Philippa Rawlinson.

A source of what keeps us all alive is coming under review.

Be you a farmer, a mother of five, a tradie or an office worker – you rely on food to exist.

Right now who owns the rights to seeds that turn into your food is being opened up to the great bargaining session known as public consultation.

In September, the Ministry of Business, Innovation and Employment released the first phase of public consultation, an issues paper, on the review of the Plant Variety Rights Act (1987) (PVR Act).

The issues paper, available on MBIE's website, seeks feedback on key issues identified through targeted consultation about the existing Act. Federated Farmers was the lone farmer voice in this targeted consultation and we ensured the farmer perspective was heard amongst the strong views of plant breeders.

The review is of interest to Federated Farmers because of the potential implications any changes to the existing Act will have for farm-saved seed, a possible extension of breeders rights to harvested material and any strengthening of enforcement of plant variety rights.

A review of the PVR Act has always been a desire of breeders, but not farmers.

The last Act was passed in 1987 and some minor amendments have occurred over time.
The review has been triggered because of New Zealand's obligations to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). Because of CPTPP, New Zealand's legislation needs to be amended to give effect to, or become a party to, the International Convention for the Protection of New Varieties of Plants (UPOV91).

But what does this all mean for you? The main point of contention will be around farm-saved seed. The New Zealand Grain and Seed Trade Association has made it clear they will allow farmers to retain use of farm-saved seed, but they want farmers to pay a royalty for its use.

They will of course collect the royalty, some at the end point and others at point of sale, and set the rate annually.

Federated Farmers has been discussing this matter with the association since 2014 and our position has remained clear. As farmers we recognise the intellectual property on protected varieties, but our bottom line is we must retain the right to use farm saved seed and this must be included and enshrined in legislation.

It is our preference that if any royalties are to be paid on farm saved seed the system
must be fair, simple, transparent and based on the seed with no end point royalties for farm saved seed.

The royalty rate should be set annually at a meeting between all parties. Federated Farmers has concern about end point royalties, as they can penalise for the capability of the individual farmer.

The rights of breeders over harvested material are also up for discussion, with MBIE considering how far, if at all, rights of Plant Variety Rights owners should extend over reproductive material (e.g. seeds) and harvested material.

As always, Federated Farmers is keen to hear your views, so please get in contact with us or attend the upcoming MBIE meeting about the review.