And now:Ish <[EMAIL PROTECTED]> writes:

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>Date: Wed, 17 Feb 1999 15:55:47 EST
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>Subject: Fwd: [BIO-IPR] UPOV threatens Francophone Africa
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>I find this - beyond. . .
>Martha
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>Subject: [BIO-IPR] UPOV threatens Francophone Africa
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>BIO-IPR docserver
>________________________________________________________
>
>TITLE: Legal "Terminator" Threatens Francophone Africa's Farmers
>AUTHOR: Rural Advancement Foundation International
>PUBLICATION: RAFI News Release
>DATE: 17 February 1999
>URL: http://www.rafi.org/pr/release27.html
>________________________________________________________
>
> 
>Rural Advancement Foundation International
>
>News Release - 17 February 1999
>
>LEGAL "TERMINATOR" THREATENS 
>FRANCOPHONE AFRICA'S FARMERS
>
>RIGHT TO SAVE SEED IN POOR COUNTRIES MAY BE ELIMINATED 
>AS 15 AFRICAN STATES ARE PRESSURED TO ACCEPT UPOV '91
>
>
>Fifteen Francophone African states, among them some of the poorest countries 
>in the world, are under pressure to sign away the right of more than 20 
>million small-holder farmers to save and exchange crop seed. The decision to 
>abandon Africa’s 12,000-year tradition of seed saving will be finalized at a 
>meeting February 22-25 in the Central African Republic. The 15 governments 
>have been told to adopt draconian intellectual property legislation for 
>plant varieties in order to conform to a provision in the World Trade 
>Organization (WTO) that obliges signatories to "protect" plant varieties. 
>The legislation (a kind of legal "Terminator" because it prohibits farmers 
>from replanting "protected" seed) is also known, euphemistically, as "Plant 
>Breeders’ Rights". If adopted, the legislation will throw some of Africa’s 
>poorest countries into an intellectual property cartel dominated by a 
>handful of OECD states led by the USA, the UK, and Japan. 
>

>During meetings in East Africa a few days ago, RAFI’s Pat Mooney and Hope 
>Shand learned that OAPI (l’Organisation Africaine de la Propriete 
>Intellectuelle/African Intellectual Property Organization) has agreed to 
>adopt "UPOV 91" — the world’s most restrictive form of Plant Breeders’ 
>Rights. The Convention is managed by the Union for the Protection of New 
>Varieties of Plants (UPOV) — a subsidiary treaty of the Geneva-based World 
>Intellectual Property Organization (WIPO). 
>
>"Francophone African countries are being bullied into adopting UPOV’91", 
>says Pat Mooney, "even though the WTO is about to conduct a review of its 
>plant variety ‘protection’ clause." Adds Hope Shand, "The review is not 
>expected to be completed before 2001. Many analysts predict that a whole new 
>trade negotiating round may be launched before the review is completed." 
>"African patent offices are being asked to climb on a wagon other countries 
>in other regions may never accept," agrees Pat Mooney, "Conceivably, a new 
>trade round could render compliance unnecessary. Since six of the 15 OAPI 
>states are "least developed countries" (according to UNDP definitions), 
>regardless of the review or a new negotiating round, they have until at 
>least 2006 before they have to introduce any kind of legislation. " "In a 
>worst case scenario," Hope Shand concludes, "OAPI members would still have 
>the option to accept legislation that would allow farmers to save, re-use, 
>and even sell purchased seed. Where is the pressure coming from and why are 
>sovereign countries selling off the historic rights of their farmers?" 
>
>Urgent Action: 
>RAFI is writing to each of the 15 OAPI countries, contacting both Ministers 
>of Agriculture and Ministers responsible for patent offices. "Depending on 
>the country," Pat Mooney notes, "between one-fifth and one-half of all the 
>farmers are small-holders who depend heavily on their ability to save seed 
>in order to keep production reliable and costs low. There are at least 20 
>million such farmers in OAPI states," Mooney says, "Next week’s decision 
>could be a major blow to the region’s food security. We suspect that most 
>Agriculture Ministers don’t even know what their patent offices are 
>proposing to do." 
>
>What is OAPI? 
>The precursor to OAPI was established on September 13, 1962, by 12 
>francophone African heads of state. It was called the "Office Africain et 
>Malgache de la Propriete Industrielle (OAMPI). The agreement establishing 
>OAMPI was revised in Bangui, Central African Republic on March 27, 1977, and 
>gave birth to OAPI, the "Organisation Africaine de la Propriete 
>Intellectuelle". It has 15 members: Benin, Burkina Faso, Cameroon, Central 
>African Republic, Chad, Congo, Djibouti, Gabon, Guinea, Ivory Coast, Niger, 
>Mali, Mauritania, Senegal, Togo. Of these, the following are considered 
>least developed countries by UNDP: Burkina Faso, Central African Republic, 
>Guinea, Mali, Mauritania, and Togo.
>
>What is UPOV 91? 
>The original international Plant Breeders’ Rights convention was adopted in 
>Paris in 1961. Since then, the Convention has been amended several times and 

>two forms of PBR are now in common use. Most UPOV members, in fact, adhere 
>to its 1978 convention, which is widely interpreted by governments to allow 
>farmers to save and exchange seed. UPOV’s 1991 convention, however, assumes 
>that farmers cannot save seed unless governments permit specific exceptions. 
>Around the world, 1.4 billion people depend on the ability of small-holder 
>farmers to save seed for their family food security. To date, the only UPOV 
>members to confirm the 1991 convention are Bulgaria, Denmark, Germany, 
>Israel, Japan, Netherlands, Moldova, Russia, Sweden, UK, and USA. If OAPI 
>bows to WTO and UPOV pressure during the meeting February 22-25, the 15 
>francophone African States will more than double the Convention’s roster of 
>members.
>
>
>RAFI - International Office 
>110 Osborne St., Suite 202
>Winnipeg MB  R3L 1Y5 CANADA
>Tel:   (1-204) 453 52 59
>Fax:   (1-204) 925 80 34
>Email: [EMAIL PROTECTED]
>Web:   http://www.rafi.org
>
>_________________________________________________________
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