84 65 Jingsong Li, Janice Jiggins and Yiching Song explore and identify technological and institutional options to bridge farmers’ seed systems and the formal seed system, integrate scientific knowledge and farmers’ knowledge in breeding and conservation, and build mutual respect and understanding among farmers and public breeders. Phase 1: from 2000–2003, aimed to develop mutually beneficial partnerships between formal breeders and communities and build farmers’ capacity through breeding improved varieties. PPB varieties were successfully developed, but there were difficulties in marketing PPB varieties so that farmers could benefit (see below). Therefore, other ways to generate benefits for farmers were explored. Phase 2: from 2005 onwards. Farmers suggested initiating community seed production and marketing of varieties bred by the team. Research focused on this activity and drawing lessons from it. Phase 3: beginning in 2008, the programme started to develop ABS contracts between plant breeders and farmers. This enabled more farmers involved in developing PPB varieties to share in the commercial benefits from the varieties and agree the terms for access to farmers’ genetic resources by formal breeders. China’s seed regulations The formal seed release system requires that new seed varieties must pass a series of tests: the Value for Cultivation and Use (VCU) test, and the Distinctiveness, Uniformity and Stability (DUS) test. Existing seed regulations only recognise and release varieties that pass these tests (Seed Law, 2001). But PPB varieties are unlikely to comply with these variety release criteria, such as VCU (i.e. value for cultivation and use) and DUS (distinctiveness, uniformity and stability) testing which are tailored to the characteristics of modern varieties, while farmer improved varieties cannot always show ‘clear improvement’ under different growing conditions, and can hardly meet the DUS criteria (Visser, 2002; Louwaars, 2007). Four of the five PPB varieties failed at the VCU testing stage in 2003. Only one hybrid PPB variety was officially released, Guinuo 2006, and this was registered and later commercialised by GMRI breeders. For the other varieties, the only option was to release the seed unofficially to the surrounding farming communities. But this meant limited recognition of the varieties in the marketplace as they were not officially released. Intellectual property rights (IPRs) Challenges in releasing PPB varieties By 2007, there were more than 100 newly bred varieties tested in on-station trials and farmers’ fields. Five farmer-preferred maize varieties were selected and released to the 13 trial villages. Although the programme results showed that it benefited both farmers and formal breeders through joint breeding and the exchange of maize genetic resources, the programme faced challenges in releasing the new varieties and enabling farmers to claim benefits from their contribution. These challenges arose from China’s seed regulations in relation to varietal release criteria, lack of recognition of collective intellectual property rights, and a lack of national ABS legislation. IPRs grant exclusive rights to individuals or organisations, but these do not apply in PPB, nor to landraces and varieties developed collectively by communities of farmers. Varieties could be introduced into China’s formal breeding system by registering them under a breeder’s name, but this approach does not recognise farmers’ input. There was no mechanism for deciding how each stakeholder might benefit from the sale or use of a PPB product. As a local initiative, community-based seed production provided a way to share both monetary and non-monetary PPB benefits. However, it was limited to farmers in one trial village and at that stage there was no formal mechanism for benefit-sharing with other PPB farmers. An unwritten agree-

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