Brownbagging (agriculture)
Encyclopedia
Brownbagging or brown-bagging is the agricultural practice of planting, or especially selling, seed saved from the farmers own harvest, as opposed to buying new seed from a seed company.
While saving seed and even exchanging seed with other farmers for biodiversity
purposes has been a traditional practice, these practices have become illegal for the many plant varieties are patented or otherwise owned by some entity (often a corporation). Under Article 28 of the Agreement on Trade-Related Aspects of Intellectual Property Rights
(the TRIPS Agreement), "planting, harvesting, saving, re-planting, and exchanging seeds of patented plants, or of plants containing patented cells and genes, constitutes use" and is prohibited by the intellectual property laws of signatory states.
Significantly, farmers in developing countries are particularly affected by prohibitions on brown-bagging. There are some protections for re-use, called "farmer's privilege", in the 1991 International Union for the Protection of New Varieties of Plants
(UPOV Convention), but seed exchange remains prohibited.
In the United States
, by contrast, the farmer's privilege is considered protected by the Plant Variety Protection Act
and by case law stemming from Asgrow Seed v. Winterboer. American farmers may sell seed up to the amount saved for replanting their own acreage.
Diamond v. Chakrabarty
established that companies may obtain patents for life-forms. J.E.M. Ag Supply v. Pioneer established that brownbagging is a patent violation.
While saving seed and even exchanging seed with other farmers for biodiversity
Biodiversity
Biodiversity is the degree of variation of life forms within a given ecosystem, biome, or an entire planet. Biodiversity is a measure of the health of ecosystems. Biodiversity is in part a function of climate. In terrestrial habitats, tropical regions are typically rich whereas polar regions...
purposes has been a traditional practice, these practices have become illegal for the many plant varieties are patented or otherwise owned by some entity (often a corporation). Under Article 28 of the Agreement on Trade-Related Aspects of Intellectual Property Rights
Agreement on Trade-Related Aspects of Intellectual Property Rights
The Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
(the TRIPS Agreement), "planting, harvesting, saving, re-planting, and exchanging seeds of patented plants, or of plants containing patented cells and genes, constitutes use" and is prohibited by the intellectual property laws of signatory states.
Significantly, farmers in developing countries are particularly affected by prohibitions on brown-bagging. There are some protections for re-use, called "farmer's privilege", in the 1991 International Union for the Protection of New Varieties of Plants
International Union for the Protection of New Varieties of Plants
The International Union for the Protection of New Varieties of Plants or UPOV is an intergovernmental organization with headquarters in Geneva, Switzerland. The current Secretary-General of UPOV is Francis Gurry....
(UPOV Convention), but seed exchange remains prohibited.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, by contrast, the farmer's privilege is considered protected by the Plant Variety Protection Act
Plant Variety Protection Act
The Plant Variety Protection Act of 1970 , 7 U.S.C. §§ 2321-2582, is an intellectual property statute in the United States. The PVPA gives breeders up to 25 years of exclusive control over new, distinct, uniform, and stable sexually reproduced or tuber propagated plant varieties...
and by case law stemming from Asgrow Seed v. Winterboer. American farmers may sell seed up to the amount saved for replanting their own acreage.
Diamond v. Chakrabarty
Diamond v. Chakrabarty
Diamond v. Chakrabarty, , was a United States Supreme Court case dealing with whether genetically modified organisms can be patented.-Background:...
established that companies may obtain patents for life-forms. J.E.M. Ag Supply v. Pioneer established that brownbagging is a patent violation.
External links
- http://www.smallgrains.org/springwh/winter95/SWWI9516.HTM
- http://www.uwex.edu/CES/crops/pvpa.htm
- http://www.bioethics.iastate.edu/classroom/traitprotection.html
- http://www.ams.usda.gov/science/PVPO/PVPindex.htm
- Brown-bag definition at the Double-Tongued Dictionary