Summary

This article explains why Norway decided to say ‘no’ to UPOV’91, the newest international convention on the protection of new varieties of plants and instead remained member of the Union for the Protection of New Varieties of Plants (UPOV) based on the former version, UPOV’78. The main reason was to balance farmers’ and breeders’ rights. It discusses the difference between the two conventions of UPOV and implications for farmers’ rights. The article also highlights new developments in seed laws in Norway, following from EU-legislation to which Norway is bound through its association with the EU. This led to the prohibition of farmers’ rights to save, use, exchange and sell farm-saved seed in Norway, partly due to a misinterpretation of the EU legislation. Relating the analysis to South Asia, the article concludes that failure to protect farmers’ rights in plant variety protection and seed laws is a recipe for disaster for food security among small-scale farmers.

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