Omnibus law: the liaison table rejected joining an international seed act and received the endorsement of 3 provinces

Although Javier Milei’s government has decided to eliminate the increase in withholdings from the omnibus law, the liaison table remains concerned about some points that remain in force in the ruling party’s megaproject that will be discussed this Wednesday. Faced with this situation, the ruralists met with the governors Martín Llaryora (Córdoba) and Rogelio Frigerio (Entre Ríos) and the deputy governor of Santa Fe, Gisella Scagliato let them know their positions.

One of the points that makes the most noise on the connection table is Argentina’s accession to The International Union for the Protection of New Varieties of Plants (UPOV 1991)an international act for the protection of the intellectual property of seeds.

“We all agree on this we have to pay for the technology but we believe that the necessary debate should take place. We are committed to ensuring that this debate takes place at the beginning of the ordinary sessions (of Congress) and thus a reform of the Seeds Law can be achieved. We see a serious danger in Upov 91 because the Government requires that it be accepted and then generates the rules,” said the president of the Argentine Agrarian Federation (FAA), Carlos Achetoni. “If Upov 91 is approved, the chances of a reform of the Seed Law will be diluted,” she added.

“We explain the need to withdraw accession to the UPOV 91 Convention from the bill sent by the ruling party, since we must together defend Argentine producers in their right to use seeds,” he said. Carlo Castagnanihead of the Argentine Rural Confederations (CRA).

At the request of the ruralists, as he could see Rural Claringovernor of Cordoba, Martin Llaryora, will ask its legislators to withdraw their membership of Upov 1991. But it has asked for a commitment to then update the current Seeds Law. While Rogelio Frigerio and Gisela Scaglia were less energetic but agreed to the request of the rural unions.

The International Union for the Protection of New Varieties of Plants (UPOV) was created by the International Convention for the Protection of New Varieties of Plants. This agreementadopted in Paris in 1961 and revised in 1972, 1978 and finally in 1991.

The clause to be a signatory to the UPOV 1991 is contained in article 210 of the draft Law on the Basis that the Executive sent to Congress.

Inclusion affects the right of own usethat is, it will prevent the free use of one’s harvest as seed in future sowing.

In any case, the government clarified this on Monday Before its regulation, the entire supply chain will be asked to agree on the criteria for derogating from payment for own use. Among other points, they indicated, a consensus will be reached on who will not have to pay for the technology contained in the seeds based on production volume, hectares produced, tax categories and other criteria.

According to the official explanation, issues such as the number of hectares and/or production volume will be taken into account when defining exceptions; categorization in the Federal Administration of Public Revenues (AFIP); subsequent reproductions; among other points.

“The livestock sector does not regulate or establish the criteria of interpretation, nor the scope of the right. Because they are the owners of the intellectual property they are those who can exercise the same, but according to the criteria established by the legislation“, underlined the SAGyP.

On the other hand, he clarified that indigenous and creole seeds that do not have intellectual property, since they are not varieties but populations that maintain heterogeneity, do not fall within the scope of the UPOV ACTA 1991, which is why they are free to use for all farmers. , in the same way as varieties that are already in the public domain.