AUG 20 -- A few weeks ago, a column in this space asserted that farmers in Malaysia could be “threatened” by way of an international treaty.  Specifically, the author suggested that the much-debated Trans Pacific Partnership Agreement (TPPA) could require Malaysia to join the International Convention for the Protection of New Varieties of Plants of 1991 (UPOV 1991), and bring with it discrimination against the country’s farmers and researchers. 

Thankfully, the reality tells a different story.  The good news is that Malaysia stands to gain much by joining UPOV – that certainly includes the nation’s small farmers, agriculture sector workers, and related researchers.  Or put another way, the sky is most definitely not falling. 

A few facts are important to point out. 

In recent decades, UPOV has been updated a few times to adapt to the fast-changing landscape of modern agriculture as technological advancements have been made to reflect the increased understanding of nations on how plant variety intellectual property protection works. 

As it stands, UPOV specifically provides for two important exceptions to the exclusive rights granted to breeders and seed manufacturers. 

First, the farmers’ ability to create new crops is maintained through the provision in UPOV of the so-called breeder’s exemption, requiring member states to allow breeders to use and experiment with protected varieties for the purpose of creating and marketing new varieties. 

Second, UPOV allows farmers to plant the seeds of protected plant varieties on their land for non-commercial purposes without the breeders’ prior authorization.

As in other sectors, effective intellectual property protection in plant breeding is essential to stimulate innovation and investment in new technologies. 

An effective intellectual property protection system allows plant breeders to recoup some of the high investments needed to develop new plant varieties. 

Studies show that the UPOV system of plant variety protection provides an effective incentive for plant breeding in many different situations. 

This results in the development of new, improved varieties which benefits consumers and farmers – large and small alike. 

As part of UPOV, the Plant Breeders’ Rights Act encourages increased investment in plant breeding, giving farmers more access to new and innovative plant varieties with a better quality and higher yields which allows them to manage local challenges and be more competitive in the global marketplace. 

This creates an environment where plant breeders are encouraged to develop new varieties. 

If new varieties are not properly protected, the breeders will not develop new varieties and farmers would not have access to such improved varieties.

Also, by better informing farmers of new and improved varieties it allows them to know exactly which is the best variety for their conditions and make the most appropriate choice for their farm.  Ultimately, granting plant breeders’ rights results in:

  • A higher number of improved varieties developed and released for use by the farmers;
  • An increased introduction of new foreign varieties which contributes to the diversification of agricultural crops and enhances global competitiveness for farmers;
  • An increased number of domestic-bred varieties;
  • Improved characteristics of varieties in certain crops; and
  • A facilitation of public/private partnerships among international research institutes and breeders from university and private companies for plant breeding.

Having better performance characteristics (yield, pest and disease tolerance, and nutritional qualities among them) through an increasing number of new varieties of agricultural crops leads to higher incomes and qualities of life for farmers. 

In addition, these new varieties would result in higher quality and less expensive food for Malaysian consumers, not to mention more efficient land use.

At the end of the day, helping ensure less land, water, and other precious recourses are needed to ensure food sustainability and security for Malaysia while improving the lives of the nation’s farmers is not only a worthy pursuit – it’s a necessary one. 

The opportunities provided through UPOV make that pursuit and goal more realistic in Malaysia.  And rest assured, the sky will continue to not fall. 

* Dr Siang Hee Tan is Executive Director of CropLife Asia.
** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.