So I asked whether James Ming Chen “would actually prevent seed saving,” and Clem rapidly shot back more questions.
If you mean “Will seed saving (legal or otherwise) actually be prevented” then I can’t say from skimming Chen’s paper cited here. However, if the question amounts to “Is he serious”, then I’d have to say – very much so.
I’m not finding any mention of publicly available germplasm in the piece, perhaps I’ve not looked closely enough. All the argument seems to be in favor of breeder’s rights and indeed there is plenty of disgust with the opportunity cost borne by breeding businesses that must invest in protection schemes so as to capitalize on their investment in breeding.
What I’m curious about in the seed law discussion on your side of the pond is how public domain germplasm will be treated… would seed of an heirloom variety be only available through gifting and non-commercial exchange? If someone grows a public domain seed and subsequently offers the same for commercial sale, will a purchaser have any recourse or claim if said seed is found to be other than described?
Ooops. I’ve just bitten the end of my tongue off, not rising to the bait of the “opportunity costs” borne by the poor beleaguered seed industry.