Seed Patents
How can someone “own” the rights to a seed? A plant? Does this ownership give them the right to sue someone if the plant, or seeds are propagated outside their permission?
Germplasm, gene bank, and seedbank are often used interchangeably; germplasm is the genetic material (mainly seeds), but includes clones or cuttings that plants need to reproduce. In the 1980’s scientists began to think of plant genetic diversity, in terms of individual genes, rather than particular plants. In 1974 the International Board for Plant Genetic Resources (IBPGR) was the overseer for almost all world-wide seedbanks. There were twenty-five long-term storage seedbanks in the world, in 1979. By 1995 129 countries held 1061 germplasm collections. These stored materials needed only one thing changed in them, to make them eligible for patenting. Patenting means all rights to that product is owned by that company.
What does this mean to you and me? I like starting things from cuttings, but if I sell them, I have committed a crime. Collecting seeds from patented plants, and propagating them, can, and has, brought about lawsuits, and yes, the company who owns the patent will win. I know of entire farms being lost, due to this type of situation. We’re not living in Maw Henry’s time.
The Tennessee Dirtgirl.
