Rules and usages for trade
ISF Rules and Usages for Trade in Seed for Sowing Purposes aim to clarify and standardize contractual relations between buyers and sellers. The rules are reviewed at regular intervals. The latest version came into effect on 1 July 2016.
Mediation, Conciliation and Arbitration
ISF’s trade rules are complemented by procedure rules for mediation, conciliation and/or arbitration for resolving disputes on trade and intellectual property issues. ISF Procedure Rules for Dispute Settlement for the Trade in Seeds for Sowing Purposes and for Management of Intellectual Property are reviewed regularly and is published online. Rules in force prior to this date are available on request from the ISF Secretariat
ISF has adopted arbitration procedure rules tailored to the technical and legal aspects of essential derivation in plant breeding.
Explanatory notes clarify and provide guidance on numerous provisions of these rules. RED is based on a threshold for essential derivation, measured as the genetic distance between varieties, above which the breeder of the putative essentially derived variety must demonstrate that his variety has not been predominantly derived from the initial variety.
RED does not anticipate any special requirements for the arbitrators and the choice of arbitrators is at the discretion of the disputing parties. To assist parties, ISF provides a list of international arbitrators who have the knowledge to handle a dispute on essential derivation.
The ISF Crop Sections has adopted guidelines for dealing with disputes on essentially derived varieties of perennial ryegrass, maize, oilseed rape, cotton and lettuce and button mushrooms.
The protocol for assessing the genetic distance between diploid perennial ryegrass varieties; the list of the 3072 SNP markers used in the guidelines for maize; and the technical rules for establishing a threshold for essential derivation are available upon request.
Many seedsmen are under the impression that they are protected from liability claims on seed performance through a product liability insurance. However, this is often not the case. Companies are encouraged to insure themselves against liability claims for damage arising from non-performance of seed through an Errors and Omissions (E&O) Insurance scheme.
Seedsmens E&O Insurance is available to ISF members through an agreement reached between ISF, Iris Insurance Brokers Ltd and Certain Underwriters at Lloyds of London. If you wish to apply for this insurance contact the ISF Secretariat.