C 1: New Investment         Sub Session C 1.2: Public Private Civil Mechanisms    Private and public interests:    Private...
The Indian Patent Act, 1970 (and its subsequent amendments in 1999, 2002and 2005) excluded plants and animals from patenta...
Genetic Use Restriction Technology,Sovereign Rights, ABS, Benefit Sharing                                                 ...
Farmers Rights and breeders Rights, 2929 October 2012, Uruguay  Farmers Rights and breeders Rights, October 2012, Uruguay
Breeders’ Rights•  An exclusive right to produce, sell, market, distribute,  import or export the variety• A breeder may a...
Farmers’ Rights  to save use, exchange, share and sell seed of a protected variety   except as branded seed  to register...
Category                               Applications                                         Received                      ...
Projects launched by PPV&FR Authority for promoting registration of Farmers’ Varieties  Projects launched by PPV&FR Author...
Establishment of National Gene Fund                  Section 45 of the PPV&FR Act, 2001                  Section 45 of the...
Plant Genome Savior Community Award and Recognition•Plant Genome Savior CommunityAwards 2009-10 onwards: 6 communitiesawar...
Empowering farmers / farming communitiesFarmer Dadaji Khobragade of Chandrapur district, Maharashtra developed rice variet...
Exemptions provided under the Biological Diversity Act, 2002 (BDA): The Actprovides for certain exemptions to / local peop...
Suggested elements for the road map• Public-Private sector partnership: value addition and  promotion of the useful farmer...
………. suggested elements   • Ensuring the protection of traditional knowledge, the     participation in equitable benefit s...
Challenges•Improving farmer- public-private cooperation inagricultural research for development•To create an enabling envi...
For greater impact• Support research in evaluation and improvement of  farmers’ varieties• Evolve an effective model / pla...
Way forward• Responsive R&D efforts and sensitation of researchers• Ensuring quality seed and planting material through  p...
Successful partnership entails• Trust amongst partners• Enabling policies• Adequate funding support• Dynamic R&D• Effectiv...
Farmers Rights and breeders Rights, 2929 October 2012, Uruguay  Farmers Rights and breeders Rights, October 2012, Uruguay
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C1.2. Private and public interests: farmers' rights and breeders' rights. Indian experience

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Malavika Dadkani, P. L. Gautam

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  • PPVFR Act enacted after long consultation, taking elements from various legislations, national and international
  • Especially with UPOV convention
  • C1.2. Private and public interests: farmers' rights and breeders' rights. Indian experience

    1. 1. C 1: New Investment Sub Session C 1.2: Public Private Civil Mechanisms Private and public interests: Private and public interests:Farmers’ rights and Breeders’ rights --Farmers’ rights and Breeders’ rights Indian Experience Indian Experience Malavika Dadlani, Joint Director (Research), IARI, New Delhi P L Gautam, Chairperson, PPV&FR Authority, New Delhi www.iari.res.in & www.plantauthority.gov.in Punta del Este, Uruguay 29 October 2012 Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    2. 2. The Indian Patent Act, 1970 (and its subsequent amendments in 1999, 2002and 2005) excluded plants and animals from patentability.With this exclusion, and having ratified the Agreement on Trade Related Aspectsof Intellectual Property Rights (TRIPS) of WTO, India was obliged to protect theseunder a sui generis system as per the mandate of Article 27.3(b) of the TRIPSAgreement.The Government of India enacted the Protection of Plant Varieties and Farmers’Rights (PPV&FR) Act in 2001 (53 of 2001). Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    3. 3. Genetic Use Restriction Technology,Sovereign Rights, ABS, Benefit Sharing Sui generis System PPV & FR Act CBD 1992 Bio-safety Protocol, 2000 2001 ABS supplementary Protocol, 2010 WTO / TRIPS 1994 outcome of the Intensive and Benefit Sharing, CommunityFarmers Right Rights, Gene Fund Extensive International Treaty on plant Biodiversity Act 2002, genetic resources National Seeds Act 1966, for food & agriculture, 2004 Consultations Seed Control Order, 1983; and response to National Seed DevelopmentBreeders Right international Policy, 1988; developments / Patent Act,1970, UPOV 1961,72, 78, 91 GI Act, 1999, obligations National Farmer Policy, 2007 etc. Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    4. 4. Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    5. 5. Breeders’ Rights• An exclusive right to produce, sell, market, distribute, import or export the variety• A breeder may authorize any person to produce, sell, market or otherwise deal with the variety registered• Breeder enjoys provisional protection of his variety against any abusive act committed by any third party during filing of application for registration and decision taken by AuthorityResearcher’s Rights• Researcher can use the variety for experiment or research for developing other variety Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    6. 6. Farmers’ Rights  to save use, exchange, share and sell seed of a protected variety except as branded seed  to register traditional varieties & protect new varieties  to compensation in case of non performance  benefit sharing from use of traditional varieties  for protection against infringement  Exemption on fees Community Rights and Benefits  Recognition of communities in conserving genetic resources and landraces and benefit sharing for role in evolution of varietiesFarmers are recognized as cultivators, conservers & breeders Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    7. 7. Category Applications Received Registration Certificates IssuedNew Varieties 1113 40Extant Varieties including varietiesnotified under Seeds Act and 1735 466Varieties about which there is acommon knowledgeFarmers Varieties 1221 6Essentially derived varieties 2 Nil Total 4070 512 Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    8. 8. Projects launched by PPV&FR Authority for promoting registration of Farmers’ Varieties Projects launched by PPV&FR Authority for promoting registration of Farmers’ VarietiesCharacterisation, purification and documentation of Farmers’ varieties (FVs) : Anumber of agricultural research institutions and universities are generating dataand assisting in filing of applications for FVsRice biodiversity conservation in Jharkhand and Meghalaya: Gene Campaign, anNGO, is involved in the in-situ and ex-situ conservation and characterisation of agrobiodiversity in the predominantly tribal state of Jharkhand, one of the 22 agro-biodiversity hotspots.Conservation of landraces of colocasia from North Eastern Hills, Nagaland: Asurvey was conducted by ICAR NEH to collect local landraces of colocasia. Twentytwo accessions were collected and characterised for different traits.Characterisation and registration of traditional rice varieties in Tamil Nadu:Focussing on characterization of traditional rice varieties from coastal belt andcauvery delta of Tamil Nadu, VAANGHAI, an NGO, collected 69 varieties andsubmitted application for registration of six varieties to the Authority. Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    9. 9. Establishment of National Gene Fund Section 45 of the PPV&FR Act, 2001 Section 45 of the PPV&FR Act, 2001 In Flow Out FlowCompensation Compensationamount deposited amount deposited Reimbursement of Reimbursement of Benefit shares Benefit sharesContributions from Contributions from National Gene Fund National Gene FundNational & International National & InternationalOrganizations Constituted by the Constituted by the Reimbursement of Reimbursement of Organizations Government of India Government of India compensation compensationAnnual FeeAnnual Fee Supporting SupportingBenefit sharing Benefit sharing conservation conservationamount deposited amount deposited Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    10. 10. Plant Genome Savior Community Award and Recognition•Plant Genome Savior CommunityAwards 2009-10 onwards: 6 communitiesawarded•Plant Genome Savior CommunityRecognitions since 2007: 16communities / individual farmersrecognised•Protection of Plant Varieties and 22 Agro-biodiversity hotspotsFarmers Rights (Recognition and Reward distributed over 07 agro-from the Gene Fund) Rules, 2012 geographical zones of India Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    11. 11. Empowering farmers / farming communitiesFarmer Dadaji Khobragade of Chandrapur district, Maharashtra developed rice varieties HMT in2008 and DRK in 2009, which are registered with the PPV&FR Authority. The Government ofMaharastra has allotted land to enable him to continue his research on improved varieties.Sanjeevini Rural Development Society, Distt. Vishakapatnam, State. Andhra Pradesh: Thesociety promotes cultivation of more than 150 traditional crop varieties available in 60 villages.More than 1200 ha are being cultivated with the conserved varieties of paddy and ragi andabout 800 ha with varieties of pulses, corn and bottle gourd. The communities are maintaining33 grain banks. The State Biodiversity Board has recognized the services of this society.National Innovation Foundation (NIF), promotes grass root innovations, assisting in filing ofapplications for Patent, Trademark, Design and Plant Variety Registration. TechnologyAcquisition Fund Awards were conferred to 24 farmers, for variety development.Indian Council of Agricultural Research launched a national project to document indigenousknowledge and also recognises innovative farmers by as Farmer Fellows.State of Haryana established State Agriculture Innovation Fund for evolution and diffusion ofgrassroot indigenous knowledge and innovations in agriculture. Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    12. 12. Exemptions provided under the Biological Diversity Act, 2002 (BDA): The Actprovides for certain exemptions to / local people and communities includingtraditional practioners and healers for normally traded commodities from thepurview of the Act, subject to overall policy guidelines.Both BD Act, 2002 and PPV & FR Act, 2001 have provisions for benefit sharing,exemption has also been provided in Section 6(3) of the BD Act for applicantsseeking protection under the PVP Act in India.PPV&FR Act, 2001 and Biological Diversity Act have close similarities,particularly, in policies framed for protection of the rights of indigenouscommunities in conserving and developing genetic resources. State level and (SBB) / local ( BMC) committees play an important role in helpingfarmers in filing and forwarding applications of farmers’ varieties forregistration. Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    13. 13. Suggested elements for the road map• Public-Private sector partnership: value addition and promotion of the useful farmers’ varieties in the respective areas of adaptation.• Partnership in enabling farmers for protection of traditional varieties and also in commercialisation• Partnership in research, participatory plant breeding and sharing of benefits• Institutional mechanism for protecting farmers’ and breeders rights Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    14. 14. ………. suggested elements • Ensuring the protection of traditional knowledge, the participation in equitable benefit sharing and farmers participation in decision making with regard to genetic resources • Creating awareness on the importance of Farmers and Breeder’s Rights • Also generate awareness among farmers about Breeders rights and its ultimate benefits Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    15. 15. Challenges•Improving farmer- public-private cooperation inagricultural research for development•To create an enabling environment of mutual trustamong various stakeholdrs•To create awareness about public-private-civilpartnerships in agricultural research•To generate public awareness and capacity building ofall stakeholders•Promoting conservation and sustainable utilisation Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    16. 16. For greater impact• Support research in evaluation and improvement of farmers’ varieties• Evolve an effective model / platform for promoting use of farmers’ varieties for crop improvement and commercialisation• Create databases of farmers’ varieties and associated traditional knowledge• Provide incentives to the industry/civil societies for supporting conservation and sustainable use of farmers’ varieties Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    17. 17. Way forward• Responsive R&D efforts and sensitation of researchers• Ensuring quality seed and planting material through public- private partnership with farmers• Equitable flow of benefits to different stakeholders• Conservation of farmers varieties, land races, wild relatives etc. by involving local bodies• Bringing different stakeholders together to work in synergy supported by enabling policies for PPP• Undertake an evaluation of the benefits of providing rights to the farmers Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    18. 18. Successful partnership entails• Trust amongst partners• Enabling policies• Adequate funding support• Dynamic R&D• Effective value chainThis will lead to a win-win situation for farmers’,breeder’s, communities and industries Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay
    19. 19. Farmers Rights and breeders Rights, 2929 October 2012, Uruguay Farmers Rights and breeders Rights, October 2012, Uruguay

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