EUROPEAN-SEED.COM I EUROPEAN SEED I 59 To learn more about the ESA voluntary benefit- sharing website, visit: https://www.euroseeds.eu/ voluntary-benefit-sharing-activities-european- seed-industry identified. But before coming to such conclusions, one should perhaps look at how big (or rather how narrow) the area of pos- sible interrelations is in practice. The table below gives an over- view of the situation. We should not forget the statements in the Treaty text according to which “Nothing in this Treaty shall be interpreted as implying in any way a change in the rights and obligations of the Contracting Parties under other international agree- ments… The Contracting Parties agree that the responsibility for realizing Farmers’ Rights, as they relate to plant genetic resources for food and agriculture, rests with national gov- ernments.” So, it is clear that it is useful to make such an analysis to create a common understanding of the various concepts and contexts. But it should also be noted that there are no a-priori conflicts between the two regulations examined. When countries implement these two instruments, it needs to be done according to national needs and realities, as there is no one size fits all solu- tion. Countries must focus on balanced ways of implementing the obligations under both regulations and reflecting their own national situations. Editor’s Note: This article is based on a presentation made by Szonja Csörg during a recent Symposium on possi- ble interrelations between the IT PGRFA and the UPOV Convention. Szonja Csörg is Director IP & Legal Affairs of the European Seed Association. Type of Farmer Type of Varieties Used Purpose of Use Legal Situation Subsistence Old varieties, landraces, farmers’ varieties Conservation, maintaining their livelihoods Not under protection Protected varieties Development, adaption to local circumstances, improving livelihoods Breeders’ exemption; private and non- commercial use (all acts allowed) Small Scale Old varieties, landraces Conservation, adaptation Not under protection Protected varieties Adaptation to local circumstances Breeders’ exemption Protected varieties Save & use FSS (reproduction) not linked to conservation Agricultural exemption (save & use allowed with exemption from payment; exchange & sales not allowed) Large scale Old varieties, landraces Conservation, adaptation Not under protection Protected varieties Reproduction (save & use FSS) not linked to conservation Agricultural exemption (save & use allowed against payment; exchange & sales not allowed) 1 Article 9 paragraph 2 states that Contracting Parties should “take measures to protect and promote Farmers’ Rights, including: […]” where the word “including” indicates that there can be other elements to farmers’ rights that Contracting Parties consider important to take measures to protect and promote.