Thursday, March 28, 2024

Stinginess upsets plant breeders

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The Government has been accused of leaving plant breeders short when it comes to addressing Treaty of Waitangi issues around plant variety rights.
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Policy makers are in the process of seeking breeder input on the revised Plant Variety Act to better protect breeders and their seed and germplasm.

Maximum fines are only $1000 and offer little disincentive to the theft of plant intellectual property.

Also included in the act’s review is a need for the Government to ratify UPOV91, an international plant variety standard to ensure New Zealand falls into line with its trading partners in the Comprehensive and Progressive Trans Pacific Partnership. 

The standard ensures far tougher penalties and protection for plant breeders’ rights than offered under NZ law. It also requires NZ to ratify Treaty of Waitangi obligations relating to flora and fauna, known as the Wai 262 claim.

The claim seeks to give iwi protection of intellectual property rights to native plants and animals.

Tauranga germplasm import consultant and facilitator Andy Warren said the Government has been leaning hard on the expertise of industry players like himself to advise iwi and Ministry of Business, Innovation and Employment policy makers. 

His company oversees the importation of high-value crop germplasm for the likes of apple and summer fruit companies.

“And in doing so the Government is expecting us to travel to Wellington without any charge for our travel or time on an issue that is vitally important not only to us but to iwi as well,” he said.

Warren says MBIE staff told him iwi were paid to attend a critical meeting but he and his peers would not be paid on grounds they were already rich enough.

He was scathing of what he describes as a dual standard.

“And in conversation with iwi, they are as surprised as us we are not being compensated.

“They have said they want us around the table, given the level of knowledge we have that is needed to get this over the line.”

Northland iwi member Rio Greening, who has been closely involved in plant variety protection discussions, said iwi welcome having the expertise of long-time experts like Warren.

“We value their expertise in helping us understand the industry. 

“We are all part of the solution and need to work together. It would help if the Government contributed to them being there.”

The changes to the act to incorporate Wai 262 are going to affect species that are sold for both food production, such as manuka, and for ornamental purposes, such as pohutukawa.

But Warren said with growing iwi investment in horticulture Maori also stand to benefit from seeing UPOV91 ratified to protect any modern crop hybrids they might want to commercialise.

A written response from MBIE said the agency paid for flights of all attending an earlier hui in April, held to discuss options for the act.

The industry’s final options paper is launched this week on the act’s reforms.

A hui in August to discuss Treaty and UPOV91 options will have funding available to assist only Maori organisations and individuals for travel.

Grain and Seed Trade Association general manager Thomas Chin said the relevant chapter in the CPTPP has to be ratified by December 2021.

“While this may seem some time away, we will have an election come along before then that will delay the entire process and the act will have to pass through consultation and select committee before being passed by Parliament. 

“The Government really needs to move now on this.”

The Treaty issue is a gnarly one for the Government to face, given the implications it has for other natural resource claims, the most predominant being water.

“And it’s because of this that governments have dragged their feet for almost 20 years. 

“However, with the CPTPP there, they cannot wriggle their way out of this unless they want to incur the wrath of their trade partners.”

NZ’s plant variety laws are already archaic compared to all its trading partners, with this country one of few that has not subscribed to the latest iteration of the standard.

Warren said for some species the time that has taken to resolve is almost too long.

“If you look at manuka, that’s virtually gone. It’s been crossed and gone offshore too. 

“Overall, indigenous plant variety rights are small. They form less than 10% of the total market and are not the main focus of the act but they are important to iwi to be accounted for.

“MBIE have found it hard to get industry on board about this. It does not affect many but for 15 years it’s been the elephant in the room and we want to sit down with iwi on it but we expect to be compensated for our time.”

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