Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what recent assessment he has made of the potential impact of the 1991 Act of the International Union for the Protection of New Varieties of Plants Convention (UPOV 91) on small farming businesses.

The UK is a contracting party of the 1991 convention of the International Union for the Protection of New Varieties of Plants, known as UPOV.

Under UPOV 1991, the UK has an effective plant variety protection system in place providing intellectual property rights over plant varieties, known as plant breeders’ rights. Plant breeders’ rights are important in enabling breeders to control the use of protected material and collect royalties on varieties which can be re-invested into further innovation, critical in the face of climate change and food security. Royalties and limits on the use of seed and propagating material apply to protected varieties only.

In the UK, a grower or farmer may use seed that they have saved from a crop grown on their own holding for re-sowing on their own holding - this is known as Farm Saved Seed. All farmers must declare their use of Farm Saved Seed and pay equitable remuneration to the right holder. This provides farmers with a low-cost source of seed and allows control over seed quality, provenance, and treatment. Small farmers are exempt from this payment.

The UK is engaging with UPOV via the Working Group on Guidance concerning Smallholder Farmers in relation to private and non-commercial use, to better understand the impact of the 1991 convention on small holder farmers and subsistence farmers globally.