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Presentation seed industry of pak 8-09Presentation Transcript
BY MUHAMMAD BOOTA Director General, FSC&RD FEDERAL SEED CERTIFICATION & REGISTRATION DEPARTMENT G-9/4, MAUVE AREA, ISLAMABAD, PAKISTAN SEED INDUSTRY OF PAKISTAN MARCH, 2009
Population Estimates of Pakistan: 43.61 161.86 2007- P 43.37 159.06 2006 43.05 153.96 2005 43.05 150.47 2004 42.09 149.03 2003 42.09 145.96 2002 48.42 142.86 2001
Agriculture Labour Force
Source: Agriculture Statistics of Pakistan, 2006-07 Land Utilization Scenario of Pakistan 23.39 Total cropped area 22.00 Cultivated Area 8.33 Cultivable Waste 22.70 Not Available for Cultivation 4.19 Forest 57.22 Total Reported Area 79.61 Total Geographical Area Area (million ha.) Land Use
Farm Size Area of Pakistan : Source: Agriculture statistics of Pakistan, 2006-07 8 - 60 and above 3 - 40 to under 60 10 1 20 to under 40 16 4 10 to under 20 19 9 5 to under 10 ha. 17 (44%) 13 (86%) 3 to under 5 ha. 11 15 2 to under 3 ha. 10 22 1 to under 2 ha. 4 17 0.5 to under 1 ha. 03 19 Under 0.5 ha. Farm Area (%) Farm No. (%)
Farm No. (%)Farm Area (%)
Membership in International Convention
Convention on Biological Diversity
Pakistan is a party to the Convention on Biological Diversity (CBD) since 1994 together with more than 171 other countries, M/o Environment is being declared focal point of Convention on Biological Diversity (CBD ).
International Plant Protection Convention
Plant Quarantine work is done by Plant Quarantine Division in the Department of Plant Protection, which has the legal authority and management responsibility.
The organizational arrangements are as per Article IV of the International Plant Protection Convention, 1997.
The Head Office is at Karachi and the quarantine stations are located at the seaports, airports, dry ports and, land border points for the convenience of traders. These are modestly staffed and Equipped. There are laboratories for support.
The Pakistan Plant Quarantine Act 1976 and Rules 1967 tare enforced through which the country is protected from the entry and spread of exotic insect pests and disease and trade of plants and plant products is facilitated.
World Intellectual Property Organization Pakistan, on October 6, 1976, submitted its instrument of accession to the WIPO Intellectual Property was mainstreamed in Pakistan in 2005.
IP was brought under the limelight of public policy by simultaneously establishing IPO-Pakistan, empowering the Federal Investigation Authority (FIA) and activating Pakistan Customs against IPR violations.
The Government decision to establish IPO-Pakistan was particularly aimed at addressing the institutional shortcomings that were impeding the effective management of intellectual property.
HISTORICAL BACKGROUND OF SEED INDUSTRY OF PAKISTAN
1947-1961 – No independent seed production and distribution system
1961 – F&A Commission - West Pakistan Agricultural Development Corporation (WPADC) was created for procurement and distribution of seeds
1972 - WPADC dissolved
Provincial Govt. - Seed production, multiplication, procurement and distribution
Seed Act, 1976
Government of Pakistan initiated “Seed Industry Development Project” on the recommendation of World Bank Appraisal Mission’s Report, which provided legislative support through Seed Act, 1976
This enactment provided regulatory mechanism for controlling and regulating the quality seed through setting up of necessary institutional infrastructure;
National Seed Council (NSC) & Provincial Seed Councils
*FSCA & NSRA were merged together as Federal Seed Certification & Registration Department (FSC&RD) in 1997 for austerity measures
Ministry of Food, Agriculture & Livestock (MINFAL) Islamabad PrSC PrSC PrSC PrSC FSC&RD Punjab Sindh NWFP Balochistan Islamabad PSC SSC DOA DOA PrSC = Provincial Seed Council PSC = Punjab Seed Corporation SSC = Sindh Seed Corporation DOA = Department of Agriculture FSC&RD = Federal Seed Certification & Registration Department, Islamabad National Seed Council (NSC)
FUNCTIONS OF FSC&RD (Section 6 of Seed Act, 1976)
Controlling the quality of seeds
Registering growers in such manner and subject to such condition as may be prescribed
Certification of seeds
Field inspection of the crops of registered varieties and released varieties intended for sale as basic seed or certified seed
Sampling and testing of seed lots intended for sale in order to as certain their purity, viability, germination capacity and health status in the prescribed manner
Issuing certificates in respect of seed which meet the prescribed standards of particular category of seeds
carrying out post-control trials on pre-basic, basic and certified seeds
Sampling and analyzing seed lots delivered to the processing plants to establish a basis for the purchase of such lots
Arranging training courses for Seed Certification Officer and
Providing technical and specialist advices and assistance to the National Seed Council in the performance of its functions
FUNCTIONS OF FSC&RD (Section 8 of Seed Act, 1976)
11. Conduct pre-registration checking of varieties submitted for the purpose of:
determining suitability for registration as a variety
providing definitive botanical description of crop varieties and
providing information on genetic suitability and adaptability of varieties
register seed varieties after conducting pre-registration checking under clause (i)
publish a list of registered seed varieties and
perform such other functions as the National Seed Council may entrust to it
COMPOSITION & FUNCTIONS OF NATIONAL SEED COUNCIL (NSC) 1. Advice on policy for development, operation and regulation of provincial seed industry 2. Direct initiation of provincial seed projects 3. Protect/ensure investment in seed industry, approve/ sanction seed standards, regulate inter-provincial seed movement, advice on seed imports
Federal Minister of Agriculture (FAM), MINFAL (Chairman)
Secretary, MINFAL (Member)
Chairman, Pakistan Agriculture Research Council (PARC) (Member)
Secretary Agriculture (All Provinces)
Director General, FSC&RD
Managing Director, Punjab and Sindh Seed Corporations
Director Generals, Agriculture Department, NWFP & Balochistan
Seed Grower Representative from each province
Progressive Grower from each province
Four representatives of private seed sector
Agricultural Development Commissioner (ADC), MINFAL (Member, Secretary)
COMPOSITION & FUNCTIONS OF PROVINCIAL SEED COUNCIL (PrSC) 1. Advice on policy for development, operation and regulation of provincial seed industry 2. Recommend changes in seed law, advice on seed standards and quality control, advice on maintenance, multiplication, supply of pure and healthy seeds of new varieties, advice on development of seed production farms, recommend for release of selected new varieties, recommend withdrawal of certain deteriorated varieties
Provincial Minister of Agriculture (Chairman)
Secretary Agriculture, Provincial Government (Member)
Agricultural Development Commissioner (ADC), MINFAL (Member)
Director General, FSC&RD (Member)
Director General, Agriculture Extension/Research (Member)
Vice President, Pakistan Central Cotton Committee (PCCC)- Member
Director General, National Agricultural Research Council (NARC) – Pakistan Agricultural Research Council (PARC) - Member
Representatives of private seed companies (Member)
Introduction and Registration of Private Seed Companies
Until 1980 most of the seed production, procurement and distribution was the mandate of public sector seed corporations and provincial research system
From 1981 the private seed companies entered in the seed business one by one
An “Inter-Ministerial Working Group” has been constituted in the MINFAL that is responsible for evaluating the proposals and registration/ deregistration of new seed companies in all the provinces of the country
The Working Group comprises of the following;
Agriculture Development Commissioner (ADC), MINFAL (CM)
Secretary, Agriculture of each province
Secretary Agriculture – AJK
Chief Food & Agriculture – Planning Division
Managing Directors, Punjab & Sind Seed Corporations
Director General, Federal Seed Certification & Registration Department
INFRASTRUCTURE OF FSC&RD 14 17 31 Total: Muzaffarabad, Mirpur -- 2 AJK Sakardu Gilgit 2 N. Areas Dera Allah Yar Quetta 2 Balochistan Larkana, Mirpurkhas Hyderabad, Karachi, Sukkur, Sakrand 6 Sindh D.G.Khan, Vehari, Gujranwala, T.T.Singh, Bahawalpur, Bhakkar, Bahawalnagar Lahore, Sargodha, Sahiwal, Khanewal, Multan, Faisalabad, R.Y.Khan 14 Punjab Abbotabad Peshawar, Mingora, D.I.Khan 4 N.W.F.P -- Islamabad 1 Headquarters New Stations Existing Stations Stations Regions
SEED SECTORS AND SEED & PLANTING MATERIAL (Conventional, Hybrid, Transgenic seeds) Private Sector Wheat, Cotton, Rice etc. Farmers Own Source Informal Sector Maize, Sunflower, Fodder and Forages, Potato and Vegetables Seed Importers c. Hybrid Maize, Sunflower, Fodder and Forages Multi Nationals b. Wheat, Cotton, Maize, Rice, Gram, Vegetables, Fruits and Nursery Plants National Companies a. Wheat, Cotton, Maize, Rice, Gram, Vegetables, Fruit and Nursery Plants Public Sector Formal Sector Crops/Seeds Categories Seed Sectors
SEED GENERATION SYSTEM CATEGORIES/ CLASSES/ PRODUCTION/ IDENTIFICATION OF SEEDS Not certified by FSC&RD so labels are not issued. Identified by Seed Testing Report/Certificate The purest seed of a particular variety prepared by the breeder of a particular research station/institute Breeder Nucleus Seed (BNS) Pink color labels of importing agency As imported by the importers under Seed (Truth in Labeling Rules, 1991) and assurance of the quality lies on the importers Truthfully Labeled Seed Yellow color labels issued by FSC&RD Seed true to species as approved by the FSC&RD Approved Seed Blue color labels issued by FSC&RD Progeny of basic seed and is produced with the registered growers of the seed producing agencies Certified Seed White color labels issued by FSC&RD Progeny of pre-basic seed and produced by an organization set up by the provincial government Basic Seed White color labels with diagonal violet line issued by FSC&RD Progeny of Breeder/Nucleus Seed (BNS), highest genetic purity seed produced by the respective research institutes/breeders Pre-basic Seed Identification Agency Involved Category /Class
VARIETY APPROVAL SYSTEM
Selection of best performing strains by the plant breeder in Micro-varietal Trials (MVTs)
Performance and Adaptability testing through Zonal Varietal trails (ZVTs)
National Uniform Yield Trials (NUYTs) by concerned National Crop Coordinator of PCCC for cotton and NARC/PARC (other crops)
Receive application, Spot examination, evaluation for performance, quality and resistance etc. by Technical Experts Sub-Committees (TESCs)
TESCs recommend to Provincial Seed Councils (PrSC) for approval/rejection of the variety
Variety Evaluation Committee (VEC) of National Seed Council (NSC) recommends the variety to PrSC
Respective PrSC then Approves the Variety
NSC finally notifies the variety as Released/Approved
Registration of the variety by FSC&RD on the basis of VCU recommendations by PCCC/PARC and DUS tests for at least two consecutive seasons/years
NOTIFICATION PARC PCCC FSC&RD VEC VEC DUS PROVINCIAL SEED COUNCIL APPROVAL & RELEASE NATIONAL SEED COUNCIL 2 YRS 2 YRS FSRC VARIETY REGISTRATION SUBMITS MICRO VARIETAL TRIALS ZONAL VARIETAL TRIALS SELECTS PROMISING STRAIN SUB-STATIONS GOVT. FARMS ENLIGHTENED FARMERS BREEDER MAKES CROSSES SELECTS PROMISING STRAIN BREEDING STATIONS PARC PCCC GERMPLASM GERMPLASM ALL CROPS EXCEPT COTTON ONLY COTTON MINFAL
SEED LAWS/ RULES IN PAKISTAN -- Seed Amendment Bill – 2008 10 1988 Procedures, Directions and Seed Standards, 1988 4 5-6-2003 Amendments in Seed (Registration) Rules, 1987 3 28-2-1998 Pakistan Fruit Plants Certification Rules, 1998 5 -- Plant Breeders Rights Bill - 2008 11 12-10-1993 Amendment Seed (Truth-in-Labeling) Rules, 1991 9 19-1-1998 Amendment Seed (Truth-in-Labeling) Rules, 1991 8 12-3-1991 Seed (Truth-in-Labeling) Rules, 1991 7 6-5-2003 Amendment in Pakistan Fruit Plants Certification Rules, 1998 6 1987 Seed (Registration) Rules, 1987 2 1976 Seed Act, 1976 1 Date of Notification Title of Seed Act/Rule Sr
To broaden scope of regulation business, enhance participation and investment of private sector in seed industry and safeguard farmers interest
1. Availability of Pre-basic seed to the private sector
2. Establishing Accredited Seed Testing Laboratories in private sector
3. Registration of Seed Companies/ Dealers and Processing Plants
4. Enhancement of penalties/fines for effective seed act enforcement
5. Restriction on unapproved/banned varieties and misbranding
6. Registration of the seed related Persons/ Organizations
Seed Amendment Bill - 2008 after getting authorization from provincial assemblies was approved by the Ex- Federal Cabinet in August 2007 and submitted to Law & Justice Division in 2008. With the establishment of new government Law & Justice Division has recommended for re-seeking fresh authorization from the provincial assemblies for further processing the case.
SEED (AMMENDMENT) BILL – 2008
PLANT BREEDERS RIGHT BILL - 2008
To encourage plant breeders/ seed organizations/multinational seed companies to invest in research and plant breeding
Development of superior varieties of field, vegetable and ornamental/horticultural crops
Healthy competition for variety development in public and private sector
Improvement of an excess to protected foreign varieties
Protection of local varieties abroad
Encourage state plant breeders through financial incentives as royalty on their protected varieties and revenue generation for research institutes
Discipline in seed industry
Plant Breeders Rights (PBR) after getting authorization from provincial assemblies was approved by the Ex- Federal Cabinet in August 2007 and submitted to Law & Justice Division in 2008. With the establishment of new government Law & Justice Division has recommended for re-seeking fresh authorization from the provincial assemblies for further processing the case.
NUMBER OF REGISTERED SEED COMPANIES IN PAKISTAN 2008 * Multinationals : Monsanto, Pioneer, ICI ,and Syngenta Source: Federal Seed Certification & Registration Department, Islamabad 682 7 16 66 593 Total 4 - - - 4* Private - Multinationals 674 6 15 65 588 Private – National 4 1 1 1 1 Public Sector Total B.tan NWFP Sindh Punjab Category
Marketing of Seed & Planting Material in Pakistan . Citrus, Mango, Apple, Walnut, Date palm, Guava, etc. Fruits Nursery Plants (Public & Private) 6 Wheat, Cotton, Rice, etc. Farmers Own Source 5 Maize, Sunflower, Fodders, Potato, Vegetables Seed Importers 4 Hybrid Seeds of Maize, Sunflower, Fodders etc. Multinationals 3 Wheat, Cotton, Rice, Maize, Gram, Vegetables Private Sector 2 Wheat, Cotton, Rice, Maize, Gram, Vegetables Public Sector 1 Crops Seed Source Sr.#
Production of Major Fruit Crops in Pakistan (Production ‘000’ tones) Source: Agriculture Statistics of Pakistan, 2006-07 23.3 23.3 23 24 Almond - 8175.00 622 427 Dates 348.3 351.3 352 334 Apple 1719.2 1753.9 1674 1056 Mango 1472.4 2458.4 1944 1760 Citrus 2006-07 2005-06 2004-05 2003-04 Crop
Marketing of Seed & Planting Material in Pakistan. Citrus, Mango, Apple, Walnut, Date palm, Guava, etc. Fruits Nursery Plants (Public & Private) 6 Wheat, Cotton, Rice, etc. Farmers Own Source 5 Maize, Sunflower, Fodders, Potato, Vegetables Seed Importers 4 Hybrid Seeds of Maize, Sunflower, Fodders etc. Multinationals 3 Wheat, Cotton, Rice, Maize, Gram, Vegetables Private Sector 2 Wheat, Cotton, Rice, Maize, Gram, Vegetables Public Sector 1 Crops Seed Source Sr.#
NATIONAL SEED POLICY, LAWS AND REGULATIONS
The Federal Seed Certification and Registration department has drafted the National Seed Policy, to address the challenges in the seed sector.
The Main objective of the National Seeds Policy is to make available and promote utilization of best quality seeds and planting material of diverse elite genetic resources;
to enhance and sustain crop productivity, improve food security, generate additional sources of farm income and employment;
provide base for value-added agricultural exports and alleviate poverty in rural areas of Pakistan.
The National Seeds Policy will be executed by the Ministry of Food and Agriculture and will be implemented through Federal Seed Certification and Registration department.
PLANT BREEDER’S RIGHTS
WTO TRIPs AGREEMENT ARTICLE 27.3 (b)
Members shall provide protection of plant varieties by Patents or by an effective sui generis system or by any combi nation thereof.
PLANT BREEDER’S RIGHTS : LEGISLATION
Draft of Plant Breeder’s Rights Bill, has been finalized to protect investment in research for development of new plant varieties and related intellectual property rights; which will stimulate foreign investment and transfer of technology in seed industry.
The Department keeping in view the traditional background of our farming community and socio-economic conditions, where on the whole 80% of the farmers use their own farm saved seed or opt for farmer to farmer seed exchange in cereals, pulses and oilseeds, opted for the Sui generis system for introducing Intellectual Property Rights (IPR) for plant varieties and to meet the Pakistan obligation as required under Article 27-3 (b) of the WTO-TRIPs Agreement to provide protection to plant varieties .
The system for PVP chosen by the member States , can be designed to accommodate the particular needs of that State according to prevailing scenario of seed industry and plant breeding and genetic diversity.
SALIENT FEATURES PLANT BREEDER’S RIGHTS
APPLICATION FOR GRANT OF PBRS
Criteria for Protection of PBRs
A new plant variety shall be protected, if it conforms to criteria of:
Novelty, Distinctness, Uniformity, Stability &
Designated by an acceptable denomination
Requirements for an Application for Protection
In case of public sector breeders, the institute that develops the plant variety and in case of private sector employed breeders, the employer company or corporate body that develops the plant variety shall be entitled to apply for a Certificate and ownership rights.
Variety should contain a complete identification data of the parental lines from which the variety has been derived along with the geographical location in Pakistan from where the genetic material has been taken setting forth its novelty, parentage/pedigree, breeding history and a drawing or photograph to understand and evaluate the novelty of the variety.
be accompanied by an affidavit sworn by the Applicant declaring that such variety does not contain any gene or gene sequence involving terminator technology;
provide a certificate from the National Biosafety Committee established by the Federal Government to this effect that the GMO variety shall have no adverse effect on the environment, human, animal or plant life and health.
RIGHTS OF PLANT BREEDERS
Offering for sale or selling or marketing in Pakistan.
Importing or exporting the reproductive or vegetative propagating material.
Conditioning or multiplying the seed.
authorizing any person to produce, sell, market or otherwise deal with a variety.
TE NURE O F C ERTIFICATE OF PBR S
The term of the Certificate shall be 25 years in case of trees and vines and
20 years in the case all other plants .
REVOCATION OF PROTECTION
At any time within twelve months after the grant of a certificate, any person interested who did not oppose the grant of the certificate may make an application to the Registrar for an order revoking the certificate on any one or more of the grounds upon which the grant of the certificate could have been opposed:
The Registrar will have the power to grant compulsory license in certain circumstance;
When reasonable requirements of the public for seeds or
other propagating material of the variety have not been satisfied or
that the seed or other propagating material of the variety is not available to the public at a reasonable price.
The plant varieties already protected and released or commercialized which do not conform to the criteria of novelty may apply for Plant breeder’s Rights within one year of the coming into force of this Act.
Ex c eption s for Scientific Research
Any act done privately on a non-commercial basis
Any act done for scientific research or plant breeding as an initial source of variety for the purpose of creating other varieties provided that authorization of the breeder of a protected variety shall be required where the repeated use of such variety as a parental line is necessary fro commercial production of such other newly developed varieties
Notwithstanding anything contained in this Act: —
(a) A farmer shall be deemed to be entitled to save, use, sow, exchange, share or sell his farm produce;
(b) Provided that the farmer shall not be entitled to sell seed of a variety protected under this Act on a commercial basis.
BENEFIT SHARING .- .
Any person or group of persons or firm or governmental or non-governmental organization shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fees, as may be prescribed:
The Registrar shall explicitly indicate in its order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into consideration the following matters, namely:—
(a) the extent and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has been claimed; and
(b) the commercial utility and demand in the market of the variety relating to which the benefit sharing has been claimed.
The Federal Government and each of the Provincial Governments shall constitute a “Research Incentive Board” which shall be tasked to decide proper incentives for research and development including incentives for research scientist in public sector institutions to encourage them to develop new plant varieties .
PVP ADVISORY COMMITTEE
( 1) The Federal Government shall establish a Plant Variety Protection Advisory Committee consisting of a Convener and such other members from the public and private sectors, as it may deem fit.
(2) The Committee shall advise the Policy Board, the Organization or the Registrar, as the case may be, on such scientific and technical issues which may be referred to it and give its advice to the Organization, Policy Board and Registrar.
RECOMMENDATIONS FOR REGIONAL CORPORATION:
Formal cooperation between national variety release agencies.
Cooperation and specialization in DUS testing among the breeders of the regional countries
Exchange of information and availability VCU reports for use in other Countries.
Setting up regional crop-specific networks for VCU information, under responsibility of a particular country
Designation of national institution (public/private) for VCU testing
Short-term : DUS testing in one country be accepted in all countries.
Medium-long term : Once a variety is released in one country, it may be automatically released in all countries, based on results of VCU testing.
Information-sharing and development of regional variety catalogue
Establish legal mechanisms with the effect that varieties listed in the regional catalogue are eligible for marketing in countries of the region
Catalogue may be updated every year.
Coordination, Facilitation in collaboration with UPOV, FAO, ICARDA
Technical Committee for coordination, advice and monitoring of the Variety Release System,and sharing of information on VCU tests
Composition: national variety testing / seed certification agencies and relevant stakeholders.
Participation of seed associations / links to the private seed sector.