Here we explore the potential for a Declaration on Access to Seed to be drafted, following the example of the Declaration on Access to Medicines. Here ‘access to seed’ refers to the freedom to experiment with, save, re-use and sell seed. These activities are fundamental to the active conservation and further development of agrobiodiversity on the farm, and integral to the concept of Farmers’ Rights (described in Article 9 on the International Treaty). A declaration would be instrumental in mainstreaming these activities within international fora relating to trade and intellectual property rights, which have put stricter conditions on farmers’ access to seed incrementally over the past two decades.
Three key lessons from looking at public health and access to medicines:
- The significance of global public opinion in shaping negotiations, as well as the value of coalition-building amongst states, NGOs and the media.
- The imperative that national governments make creative use of TRIPS flexibilities.
- The is an urgent need for sustained, productive collaboration between relevant multilateral institutions. Collaboration between the FAO, WTO, WIPO and others to clarify the complicated governance structure for plant genetic resources and ensure farmers’ continued access to seed is required.