OPENSOURCEBEES.

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Initiative to keep breeding of honey bees free and open

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FAQ

General questions

Why open source?

Open source is a solution against growing monopolisation. Honey bees

are still a commonly owned good, available for everyone.

What does “open source” mean?

Open source allows bees to be used without restrictions from patents

or private property protection. But that does not mean there are no
restrictions at all. Rather, open source protects bees from being
privatised; they stay as a common good. There are clear rules: the user
may use open-source bees, multiply them, pass them on, and breed
with them. The user must grant the same rights that he or she has
enjoyed to future owners of the bees. This is also known as “copyleft”:
any future enhancements or breeding lines based on the breeding
material are subject to the same rules.

How can the open-source license prevent

patenting?

It is a sad fact that in recent years the European Patent Office has
increasingly allowed the patenting of life forms which occur in nature or
are derived from normal breeding (that is, breeding without the use of
 genetic engineering).
This is contrary to Article 53b of the European Patent Convention. The
patent-granting procedure does not check for legal ownership or
legally compliant behaviour. It does check if the organism is new, as
novelty is required condition. Patent offices do this by checking all
publicly available sources. This is why it is very important to describe
the licensed bees in great detail. These descriptions are published
immediately and are used as evidence if it comes to a patent dispute.

Which open-source strategies exist?

Various approaches to fulfil the open source principles are currently

being tried out. In the USA, the organisation OSSI has chosen the
ethical approach, in which it requires the user to promise to comply by
the open source rules. In India, farmers have chosen an approach
based on an adaption of licences. In Venezuela, local groups are
contributing to the development of rules that would have legal force. In
Many jurisdictions, however, the legal framework makes it possible to
work with a legally enforceable contract. The concept is described in
a publication by Kotschi, J. and Rapf, K. (2016): Liberating seeds with
an Open Source Seed (OSS) Licence, Working Paper, AGRECOL. This is
the approach used by OpenSourceBees as well as
OpenSourceSeeds http://www.opensourceseeds.org .

The Open Source License

What does the open source license do?

The licence is a contract under civil law that regulates the transfer of
breeding material for honey bees. It obliges the licensee to grant the
same rights that he or she has enjoyed to future owners of the bees.
Any future enhancements or breeding lines based on it are subject to
the same rule.

In which languages is the open-source licence

available?

Currently in German, English and French. The meanings of all language

versions are the same.

Can I use any language version of the licence?

 Yes. The meanings of all language versions are the same. It is
important to choose a language that the recipient will understand best.
Please contact us if you wish to help develop a new language version.

Legal Background

Does the Nagoya Protocol apply to beekeeping?

The FAO has been tasked with inclusion of bees under this treaty.

Does the open-source licence apply in my home

country?

If you live in a country that has not ratified the Convention on Biological

Diversity (e.g. the United States, Vatican City and disputed territories
such as Kosovo), the licence may not have the same force as elsewhere.
Please contact us for detailed information.

What is the Nagoya Protocol?

The Nagoya Protocol is a supplementary agreement to the Convention

on Biological Diversity. It regulates access to genetic resources and
benefit-sharing. In the European Union, EU Regulation 511/2014
governs what users of genetic resources are obliged to do and outlines
the documents required for the acquisition of genetic resources (such
as open source breeding material for bees).
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