Cast into the Stones of International Law: A Critique of the UPOV Standards in the Light of Scientific Insights and Policy Shifts toward Agroecology and Natural Farming

This contribution critically considers how assumptions underlying international treaties on intellectual property (IP) reflect, and impact upon, realities. International IP treaties and international agreements that set minimum standards and so harmonize and co-ordinate norm-setting among and within states, frequently codify underlying assumptions about the social, economic, cultural or environmental utility of the standards they aim to globalize. While these assumptions may be correct in particular territorial, historical and socio-economic contexts, once they are engrained in standards that are cast into the stones of international treaty law, they become global norms that are at best difficult, and at times factually impossible to implement, amend or adapt. In worst case scenarios, the habitual implementation of such laws can lead to significant socio-economic, cultural and environmental deterioration. Whenever an implementation of such standards does not materialize the underlying assumptions, the global norms ultimately become redundant, which more broadly challenges their legitimacy. Using the international protection of plant varieties as an example, this contribution critically reviews the assumptions built into the UPOV treaty regime and whether they are supported by science and empirical research on biodiversity, food security, nutrition and seed sovereignty. Contrary to expectations, this redundancy may extend beyond the context of biodiversity-rich countries of the Global South into countries of the Global North that are also struggling with (agro)biodiversity losses and climate change.