38 Weeks Pregnant N I Have A Bad Headace

The Farm saved seed exception: the plant breeders différence entre 'rights and patent law

GNIS The October 2007 letter farm saved seed about IS & the law. It Is Interesting as it clearly "Explains What Can Be Done. Except, one important Fact Is omitted.

In the last chart, it is stated that farm saved seed if prohibited for any patented variety (if one looks closely, one understands that this fact only concerns the USA , Australia and Japan ). The chart does not specify that French (article L. 613-5-1 Code de propriété intellellectuelle) and (EC law EC Directive 98/44 (art. 11.1)) both allow farmers to produce farm saved seed containing GM patented elements.

" Art. L. 613-5-1 Code de propriété intellectuelle.

Par dérogation the provisions of Articles L. 613-2-2 and L. 613-2-3, sale or other act of commercialization of plant breeding plant by the patentee or with his consent, to a farmer for farming purposes for it implies approval of use the product of his harvest for propagation or multiplication by him on his own farm.

The Result is Quite paradoxical : a farmer Cdn Reproduce has patented GM seed With A element, can not aim Reproduce seed of a French Variety protected by a plant breeder's right. (With Regards To The patent, a farmer Reproduce The Seed Can Only if he gratified The obligations set out in EC Regulation 2100/94).

French patent law is therefore more open to farm saved seed than French plant breeders’ rights...

NB: EC law allows for farm saved seed (within certain limits) in patent law and plant breeders’ rights law

French law only provides the exception in patent law.