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Say No to UPOV '91
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Is this an Op Ed or a grade 5 assignment to write a short story in fiction?
Mr. Gehl said <i>”farmers have been selecting, saving and replanting seed from one year to the next, and <b> sharing improved varieties with their neighbours.</i></b>
Doesn’t he realize that sharing PBR varieties with your neighbours is illegal under the current laws we have in place now. Is advocating theft really within the purview of the NFU?
It’s bad enough that the NFU is at best mistaken or at worst lying, but it really scares me that there are a lot of people who are fooled by these guys.
Farm leaders should be concentrating on ensuring that the details of implementing UPOV91 are favourable to Canadian farmers, instead the NFU is busy politicking with propaganda. The bad thing is that after all the BS they spout, no one is going to listen to their chicken little cries if they ever actually have a legitimate concern.
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FarmRanger, You are correct farmers will retain the
"right" to use farm saved seed under UPOV 91. But
they will lose the right to use it royalty free. Call the
CFIA's PBR office and ask them.
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I don’t think you can necessarily infer that farmers would have to pay a royalty on their own saved seed G****vine. The CSTA has a good comparison of UPOV78 to 91 at:
<a href="http://cdnseed.org/archive/pdfs/Fact%20Sheets/EnglishUPOVPBR2011.pdf">CSTA Factsheet</a>
<i>"• Expands the scope to also require the authorization of the breeder
for conditioning for the purposes of propagation; offering for sale;
selling or other marketing; importing; stocking; and exporting.
• Also extends the right to the harvested material (e.g. grain produced
from a protected variety)<b> if the breeder has not had the opportunity
to exercise his right (collect a royalty, etc.) on the propagating material. </b>
• Also extends the right to essentially derived varieties. Where it can
be proven that a new variety has been derived from an initial variety
that is protected, and that new variety retains all of the same
characteristics of the initial variety, except for the one characteristic
that makes it different, the breeder of the initial variety has right over
the derived variety, and must authorize its commercialization."
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