UPOV 91 and trade agreements: Compromising farmers' right to save and sell seeds
The international Convention UPOV 91 is relatively unknown. But this treaty is quite problematic for smallholder farmers and agroecological approaches: by imposing intellectual property rights on seeds, it can restrict the farmers’ right to save and re-use seeds and undermine local seed systems. At the same time we note increased effort to include references to UPOV 91 in EU trade agreements, which would further aggravate the related problems. With this paper, we aim to facilitate an urgently needed debate on the relations between UPOV 91, national seed laws and trade agreements – and the potential implications on the livelihoods of subsistence farmers in the Global South.
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Cover photo: farmers in Iran (taken by Hamed Zolfaghari)
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UPOV 91 and trade agreements: Compromising farmers' right to save and sell seeds
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Dossier /International trade and investment with respect for people and planet
The network of international trade and investment treaties is large and complex. The Netherlands alone has signed more than 70 bilateral investment treaties (BITs) and is party to the trade and investment agreements concluded by the EU, like the EU-Mercosur and EU-Indonesia trade deals.
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Dossier /Trade agreements
International trade agreements often have far-reaching consequences not only for the economy of a country, but also for people and the environment. It is primarily the most vulnerable groups who suffer most from these agreements.
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Dossier /Rights for People, Rules for Corporations – Stop ISDS!
Indigenous communities in Paraguay saw their attempts to regain their ancestral lands thwarted by German investors. In Indonesia, US-based mining companies succeeded to roll back new laws that were meant to boost the country’s economic development and protect its forests. This is the level of impact that investment treaties can have on social, environmental and economic development and rights. Why? Because of the ‘Investor-to-State Dispute Settlement’ clauses that are included in many such treaties.
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News / 15 October 2026ISDS infringement complaint filed with the European Commission
The Netherlands and Portugal join four other EU countries facing such a complaint.
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Press release / 15 October 2026Dutch and Portuguese organisations file EU complaint over investment treaties that let companies and sanctioned Russian oligarchs sue EU countries for compensation
The Netherlands and Portugal join four other EU countries facing such a complaint, as the Global Days of Action against Investor-State Dispute Settlement (ISDS) begin.
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News / 5 October 2026Rural Women's Assembly wins Right Livelihood Award
We are thrilled to share that our partner the Rural Women's Assembly (RWA) is one of this year's Right Livelihood Laureates! The award, often called the "Alternative Nobel Prize", honours RWA for bringing together more than 178,000 women farmers in eleven Southern African countries. Together, these women stand up for their land, their seeds and their right to make decisions about their own lives and bodies.
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News / 29 September 2026Summary - Both ENDS complaint under the EU-New Zealand trade agreement
On 29 September 2026, Both ENDS lodged the first complaint on climate grounds with the European Commission's Single Entry Point. It asks the Commission to examine whether Aotearoa New Zealand has broken two promises both sides made in the EU-New Zealand Free Trade Agreement: not to weaken or set aside environmental laws in order to encourage trade or investment, and to effectively implement the Paris Agreement.
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Publication / 29 September 2026
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News / 29 September 2026Q&A: New Zealand's climate rollback and the EU trade agreement
On 29 September 2026 / 30 September in Aotearoa New Zealand, Both ENDS lodged a complaint with the European Commission under the EU-New Zealand Free Trade Agreement. These are the questions we are asked most often, and our answers. The complaint summary, the case explainer and the key public sources are linked at the end of this page.
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Press release / 29 September 2026New Zealand faces its first climate complaint under EU trade rules
UTRECHT / WELLINGTON, 29 September 2026 /30 September in Aotearoa New Zealand
Both ENDS, a Dutch environmental justice organisation, has lodged a formal complaint with the European Commission arguing that New Zealand has broken the climate promises it made in its free trade agreement with the European Union. It is the first complaint on environmental and climate grounds under the Commission's Single Entry Point, the mechanism that lets civil society ask the EU to enforce the sustainability commitments in its trade agreements.
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Publication / 3 July 2026
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Publication / 18 June 2026
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Publication / 12 May 2026
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News / 5 November 2025Another ISDS claim hits the Netherlands: Petrogas sues over solidarity contribution and royalty regulations
SOMO and Both ENDS strongly condemn the newly revealed investor-state dispute settlement (ISDS) case filed by Petrogas, an Omani oil and gas company operating two shallow-water gas fields in the Dutch North Sea, against the Netherlands under the Netherlands-Oman bilateral investment treaty (BIT).
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Publication / 16 October 2025
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Publication / 16 October 2025
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Publication / 9 October 2025
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Dossier /Amplifying environmentally just practices
Because of the close relationship with their living environment, local communities often have the best ideas for the sustainable and equitable use and governance of land, water and forests. These environmentally just practices and processes successfully protect and restore ecosystems and address climate change. They are essential in the light of the multiple crises the world faces, but are in dire need of financial and policy support.
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News / 6 October 2025From Entebbe to Accra: civil society is rewriting the rules of investment
By Fernando Hernández Espino and Bart-Jaap Verbeek
Almost a year after African civil society gathered in Uganda to adopt the Entebbe Declaration, the call to transform international investment governance continues to gain strength. From the 6th to the 9th of October, over 50 civil society organisations from across West Africa, including from Ghana, Senegal, Nigeria, Côte d’Ivoire, Cameroon, Gambia, Sierra Leone, as well as from Kenya and Latin America, are convening in Accra to deepen and operationalise the Declaration’s vision.
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News / 23 September 2025With the undemocratic splitting of the EU-Mercosur deal, Europe is missing the chance to lead on fair trade
Recently, many newspapers have written about Brussels’ rush to finalize the trade agreement between the EU and the South American Mercosur countries. According to the European Commission, national parliaments do not need to approve it because the trade part and the “political” part have been separated. This “splitting” means that the trade part can be approved as an EU-only decision by the European Council and the European Parliament, while national parliaments are sidelined and the political-cooperation part is postponed. Both ENDS and its partners are deeply concerned and are calling on the Dutch government to vote against this outdated agreement.
