REDESIGNING THE GLOBAL SEED COMMONS :

OPEN SOURCE SEED INITIATIVE AS AN

ALTERNATIVE
The MLS manages seeds in a creative and collective
way. But is it functioning effectively?
 What Needs to be changed in MLS
Article 3 of the plant treaty states that the PGRFA refers to
“any genetic material of plant origin of current or potential
use for food and agriculture".
During the Treaty's negotiations, there was a disagreement
about whether the functional units designated as 'genetic
parts ' (i.e., individual genes or gene sequences) should be
regarded PGRFA on their own
Issue =whether the digital or genetic sequence information
[DSI] would be included within the definition of PGRFA.
DSI is an initiative to extract, process and share the
information and data-knowledge about the genetic material,
separately from the physical transmission of the PGR.
Intellectual property rights and the Multilateral System

If PGRFA is not freely available in the public domain due to IPRs, then
the criterion for inclusion in the MLS is not met.
Thus, the intellectual property regime may be used to limit what falls
within MLS in this fashion.
Furthermore, the plant treaty does not prohibit individuals or
organizations from claiming IPRs over the derivative (innovated)
products that have been constituted or made using the material accessed
from the MLS.
If the individual or organization later on restricts or prohibits the usage
of derivative products by the future recipients for the purposes of
breeding or study, they would be obligated to return a portion of the
commercial benefits to the MLS. However, this serves to defeat the
entire objective of the treaty by giving the recipient the power to block
the usage of the product created through accessing PGRFA in MLS in
the first place, through exercising their IPRs over the derivative product.
OSSI - SEED AS OPEN SOURCE
OSSI draws its inspiration from the open source
software movement, and intends to develop a
framework for free access to genetic resources,
wherein the usage of ‘freed’ PGR is made
contingent on the agreement that any or all
components obtained from the original ‘freed’
PGR would also made freely and readily
accessible under the same source conditions.
Such an open source agreement may be either
in the form of pledge or a license agreement.
OSSI - SEED AS OPEN SOURCE
Pledge protects four basic freedoms:

1. The freedom to save or grow seed for replanting or for any other purpose.
2. The freedom to share, trade or sell seeds to others.
3. The freedom to trial and study seed and to share or publish information
about it.
4. The freedom to select or adapt the seed, make crosses with it, or use it to
breed new lines and varieties.