Impact of the European Union’s Seed Legislation and Intellectual Property Rights on Crop Diversity

Abstract

Crop diversity results from farmers’ selection and exchange of seeds. The crop diversity erosion observed over the last century can be attributed to the transition from traditional to industrial farming practices. Farmers’ seed varieties have been replaced by a few privately owned, high-yielding varieties. The resulting uniformity is jeopardizing food security, further exacerbated by climate change. Both the international framework and the EU legislation perpetuate the root cause of crop diversity erosion. The EU only authorizes on the internal market varieties that are distinct, uniform, stable, and of ‘satisfactory value for cultivation and use’. Non-complying seeds, meaning traditional heterogeneous varieties, are banned. Furthermore, the few authorized varieties are open to privatization through either a Community Plant Variety Right or patents on biotechnological inventions. The exchange, access, and use of these seeds are strictly restricted. Although the EU provides derogations in certain cases, the legal space created is too narrow to ensure the conservation and sustainable use of plant genetic resources for food and agriculture (PGRFA). seed, plant reproductive material, intellectual property, commons, agriculture, food security, EU.