93
been done in anticipation of future needs, the early generation breeder seed was in
stock at the university, and the university quickly shared it through an agreement
with local seed companies. The breeder was eager to see it reaching farmers and
helped align the public good with commercial interests. Because they had previously worked together, there was an adequate level of trust between the university
breeder and the seed companies that the contracts would be honored and the correct
royalties paid. The companies were then able to bulk up the breeder seed and obtain
all the necessary approvals from the Kenya Plant Health Inspectorate Service
(KEPHIS) to get certified seed to market and thus available to the farmers who
needed an alternative to maize. In this case, there was sufficient trust between the
actors and smooth coordination for contract establishment, and EGS availability
and access were not a hurdle.
8.3.2 Case Study 2: The EGS Hurdle for a Bean Variety High
in Iron and Zinc
The second case study, by contrast, illustrates the difficulties that often arise. Two
NGOs serving small-scale farmers were interested in procuring a bean variety high
in iron and zinc that had been developed by a breeder at a local university using
breeding lines provided by CIAT. This variety was developed through a project
aimed at increasing the micronutrient quality of beans (CIAT 2005). The variety
had been registered by the breeder in the Kenya seed catalogue of 2012, but it was
not yet commercially available. One of the NGOs requested a sample of the seeds
from the university breeder to use in demonstration plots, and the other NGO placed
an advertisement in a national daily newspaper tendering for seed of a bean variety
with the required characteristics. The first NGO also asked a seed company (one of
the same companies involved in the project described in the first case study) if seeds
of bean varieties with high iron and zinc bioavailability were available. The seed
company, realizing a market need due to both the inquiry and the newspaper advertisement, made contact with the breeder at the university with the hope of paying
for non-exclusive rights to commercialize the variety, which would allow the company to provide certified seed to the interested NGOs and to sell the variety in the
open market.
The seed company, breeder and university office for intellectual property management went through several rounds of negotiation over the course of a year to try
to reach an agreement but were unable to do so. The seed company was planning to
start with production of 20 mt/year (increasing in subsequent years as demand
rose). The draft contract proposed by the university stipulated that the seed company must purchase at least 2 mt of breeder seed every season to cover the costs of
human resources, land, technical support, etc., in addition to paying an annual
licensing fee. The company, however, was requesting a one-time purchase of only
50 kg of breeder seed. It planned to then bulk up this seed into the required amount
8 Access to Early Generation Seed: Obstacles for Delivery of Climate-Smart Varieties
been done in anticipation of future needs, the early generation breeder seed was in
stock at the university, and the university quickly shared it through an agreement
with local seed companies. The breeder was eager to see it reaching farmers and
helped align the public good with commercial interests. Because they had previously worked together, there was an adequate level of trust between the university
breeder and the seed companies that the contracts would be honored and the correct
royalties paid. The companies were then able to bulk up the breeder seed and obtain
all the necessary approvals from the Kenya Plant Health Inspectorate Service
(KEPHIS) to get certified seed to market and thus available to the farmers who
needed an alternative to maize. In this case, there was sufficient trust between the
actors and smooth coordination for contract establishment, and EGS availability
and access were not a hurdle.
8.3.2 Case Study 2: The EGS Hurdle for a Bean Variety High
in Iron and Zinc
The second case study, by contrast, illustrates the difficulties that often arise. Two
NGOs serving small-scale farmers were interested in procuring a bean variety high
in iron and zinc that had been developed by a breeder at a local university using
breeding lines provided by CIAT. This variety was developed through a project
aimed at increasing the micronutrient quality of beans (CIAT 2005). The variety
had been registered by the breeder in the Kenya seed catalogue of 2012, but it was
not yet commercially available. One of the NGOs requested a sample of the seeds
from the university breeder to use in demonstration plots, and the other NGO placed
an advertisement in a national daily newspaper tendering for seed of a bean variety
with the required characteristics. The first NGO also asked a seed company (one of
the same companies involved in the project described in the first case study) if seeds
of bean varieties with high iron and zinc bioavailability were available. The seed
company, realizing a market need due to both the inquiry and the newspaper advertisement, made contact with the breeder at the university with the hope of paying
for non-exclusive rights to commercialize the variety, which would allow the company to provide certified seed to the interested NGOs and to sell the variety in the
open market.
The seed company, breeder and university office for intellectual property management went through several rounds of negotiation over the course of a year to try
to reach an agreement but were unable to do so. The seed company was planning to
start with production of 20 mt/year (increasing in subsequent years as demand
rose). The draft contract proposed by the university stipulated that the seed company must purchase at least 2 mt of breeder seed every season to cover the costs of
human resources, land, technical support, etc., in addition to paying an annual
licensing fee. The company, however, was requesting a one-time purchase of only
50 kg of breeder seed. It planned to then bulk up this seed into the required amount
8 Access to Early Generation Seed: Obstacles for Delivery of Climate-Smart Varieties