Concerns for farmer 'rights' as AI companies introduce IP protection

A farm organisation has raised concerns over how farmers' rights to ownership over their stock would be impacted by a move from artificial insemination (AI) companies to introduce intellectual property (IP) rights.

Last month, four of the largest operators in Ireland’s bovine AI sector confirmed that they intend to introduce intellectual property (IP) rights on their high genetic merit bulls and semen.

The four companies -  Dovea Genetics, Eurogene, Munster Bovine, and Progressive Genetics - had said the move is in a bid to “safeguard the Irish genetics industry and retain control of the industry in Irish farmers’ hands”.

The introduction of IP rights on elite Irish bovine genetics is in line with international best practice, the four firms had said in a joint statement.

However, the Irish Creamery Milk Suppliers' Association (ICMSA) has claimed that such a move may mean Irish farmers who are customers of those businesses will no longer have full ownership of their stock.

ICMSA president Denis Drennan called on the companies to postpone their decision to allow further discussion on the matter, as well as to ensure that an acceptable degree of competition is maintained in the provision of AI services going forward.

"This was a very significant change of position on the part of the AI companies and farmers have to be fully aware of the implications for the ownership rights of their animals," Drennan said.

"The introduction of these changes by the AI companies will allow the AI companies to exercise control over the offspring of animals fertilised with these AI companies’ straws," he claimed.

"We think that this amounts to a very, very serious change in the full ownership of that offspring that heretofore was the absolute property of the farmer.

"Effectively, the farmer no longer has full ownership of his or her animal where an bull [protected by IP rights] is used and ICMSA thinks that there is a clear onus on the AI companies to inform farmers of this new arrangement; the reasons why they believe it is a good idea; and the full implications for the farmers concerned," Drennan added.

He said that there has been "some communication" from the AI companies on the matter, but claimed it was "wholly inadequate and untimely".

"Having articles in agricultural media [and] sending email correspondence at peak calving within weeks of the 2025 breeding season is not the optimum way of communicating with your farmer-customers," he said.

"If the AI companies are convinced that the introduction of [these] IP [rights] is the correct course of action, they should press ‘pause’ and suspend the introduction of [the IP rights] for 2025."

According to the ICMSA president, there is a possibility that farmers may find themselves in a position where they are not allowed sell offspring to one AI company without the permission of the AI company that controls the IP rights on that offspring's bull, something he said would be a "huge change".

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According to Drennan, farmers are "justified" in wondering "whether or not this is just the first step in a journey to control Irish cattle breeding by four companies".

"Our superb breeding today is down to the work of the farmers themselves, along with the work of these AI companies," he said.

"But for the AI companies to effectively take full control of a farmer’s stock offspring is a huge concern that warrants real discussion, and ICMSA is calling on the AI companies to immediately suspend their proposal and enter a period of discussion.

"It is not up to these four companies to take this enormously significant decision for us. The growth year-on-year of sexed semen is going to inevitably lead to our bovine genetic base becoming smaller, and we need to work together, as opposed to one element of the process taking full control," Drennan said.

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