Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, pursuant to the Answer of 8 May 2025 to Question 49250 on Plants: Disease Control, what assessment he has made of the the potential impact of the UPOV 1991 convention on small holder and subsistence farmers globally?.

Signatories to the 1991 UPOV convention are part of a global plant variety protection system. UPOV’s mission is to encourage the development of new plant varieties for the benefit of society. The assurance that intellectual property will be respected encourages plant breeders to invest in new varieties, critical for all in the face of climate change and food security.

Requirements under UPOV91 apply to new varieties and not existing traditional varieties. The protection of new varieties is voluntary and is a decision made by the plant breeder. To become a member, regulations must align to UPOV91, but there is some degree of flexibility in how national policies are implemented, allowing for local needs to be reflected.

Furthermore, Article 15(2) of the convention contains an optional exception to the Breeder’s Right, allowing farmers to use seed collected from their own crops for their own use with enforcement via domestic legislation.

The Foreign, Commonwealth & Development Office, Department for Business & Trade, and Defra are working together to find a balance between protecting plant breeders’ rights, the need for smallholder farmers to have access to better seed varieties, and the sovereignty of informal seed systems, upon which many smallholder and subsistence farmers rely.