3. Agriculture personifies karmayoga and
farmer is always innocently closer to divinity
The Book Release Ceremony
“M.S.Swaminathan: In conversation with Nitya Rao”
4. FAR-SIGHT, HARD-WORK, DETERMINATION
are vital to nurture sustainable development
1954: Entered research arena @ IARI in cytogenetics to sustainably rise
’60-70s: Planned and Steered from Green Revolution to Lab-to-Land
1976: Agricultural Research Services to provide Human Resource Cadre
1980s: History of Agriculture in India (4 vols. 1980-1986), MSR, ICAR
1979: Chair, Commission II of FAO General Conference
Compared the irony: “poverty of primary conservers co-existing vis-à-vis prosperity of
commercial breeders”
1981-85: Independent Chairman of FAO Council
Chaired 8 successive sessions 81st to 88th of FAO Council; crucial for IUPGR
1981: Resolution for equity in benefit sharing moved at FAO General Conference
Emphasized need for equity in sharing benefits from a nation's agrobiodiversity heritage
1983: Setting up of FAO Commission on PGR
CPGR enhanced to CGRFA and then multiplied to cover AnGR and FGR
1996: at 3rd Extraordinary Session of CPGR as President NAAS
CPGR enhanced to CGRFA and then multiplied to cover AnGR and FGR
1987: First World Food Prize leading to the Birth of MSSRF
2019: Here we are, consulting to move on ….
6. Spirit of International law on Biodiversity/GRFA
boosts attainment of SDGs and Climate Resilience
@CBD: Sovereign rights and authority of countries to
determine access: Art. 3, Art. 15
Rights of indigenous and local communities: Art. 8(j)
ABS & IPR matters supportive to the objectives of CBD:
Art. 15(2), Art. 16(5)
Recognition to IPR in ABS matters: Art. 16(2)
Recognition to PPP for R&D: Art. 16(4)
Handling of biotechnology and biosafety: Art. 19
@ITPGRFA: Multilateral ABS to PGRFA: Art.12, Art.13
Farmers’ Rights: Art.9
@ABBNJ: Yet to be negotiated <FAO CCGCT, 1994>
8. Search Keyword: Fitness
Result: US Patent 7,308,392 Dated December 11, 2007
Title: Processes & systems for predicting biological species invasions
Grant: U.S. Govt.; National Science Foundation;
Ownership: Govt. has certain rights in the invention
Claims:A Method (computer-implemented) of predicting species invasions:
• receiving native species occurrence information (1)
• receiving native environmental information (2)
• formulating ecological niche model based on (1) & (2)
• receiving target environmental information corresponding to an alternative
geography
• projecting the ecological niche model onto the alternative
geography to predict characteristics of an invasion of the species
But how Research on ‘Fitness’ in proprietary domain
would be effectively harnessed to attain SDGs and climate resilience
15. Community Rights u/s 41 of PPV&FR Act : - Genome Savior Awards
Registration and protection of the Geographical Indications (GI) of
Agricultural Goods (Ethnic Products)
Certification - Organic Products / GAP / Collective Marks
Any special Registration and Certification, say u/s 36(5)(b) of
Biological Diversity Act, 2002
36(5)(b): the central government shall endeavor to respect and protect the
knowledge of local people relating to biological diversity, as recommended by
the NBA through such measures, which may include registration of such
knowledge [including products] at the local, State or national levels, and
other measures for protection, including sui generis system.
This provision has a direct reference to in situ (on-farm) conservation
of domesticated or cultivated species, in the surroundings
where they have developed their distinctive properties
Incentives for PRAGMATIC on-farm conservation
16. Learn lessons from Benefit-Sharing Case Studies
@ CBD: :India
• Sanjevani (Aarogypacha) – Kani Tribe : : TBGRI
• 1800 soil microbes – Biocon (India) : : Zenca Astra! (Australia)
Strengthen PGR jurisprudence to sharpen ABS
Must fetch more implementation clarity w.r.t.:-
Access Check-Points
Indicators of benefits accrued
Trait and Trade values
Case-specific benefit sharing agreements or models
on a scale
Nurture the knowledge domain and do engage
with farmers vis-à-vis …
17. 1. There is need to innovatively scale up and expand
• pioneering and ever-greening contributions by the master-
craftsman and living-legend MSS inter-alia to
green-revolution,
equitable farmers’ rights,
eco-technology for resilience in agriculture, and
Sustainability for development
2. International Law needs to be developed on
• further explorations into the unexplored and discoveries
therefrom
aimed at building resilience and sustainability
3. Also, must enhance and mainstream
• research-and-education realm in agro-eco-technology
to achieve growth in biotech-led solutions to applied
genetics and plant breeding
तमसो मा ज्योतिर्गमय ! (भई कुछ तो समझ आए IPR का !!)
Where ignorance is bliss it is folly to be wise. is an outdated saying in IPR era
Only law can safeguard innocent infringers of someone’s IPR by specific enactment of a relevant clause in the Act.
For example, the PPV&FR Act expressly has a clause on Farmers’ Rights that protects the marginal and small farmers from any innocent infringement of this kind.
“‘Ignorance of Law is no excuse’ principle” is derived from Latin maxims-
Ignorantia juris non excusat (ignorance of the law excuses not) or
ignorantia legis neminem excusat (ignorance of law excuses no one)
Rice occupying 3.51 million hectares or more than 80% of the total cultivated area of the region and 7.8 per cent of the total rice area in India. Total rice production of NE region is estimated to be around 5.50 million tonnes with average productivity of 1.57 t/ha, which is much below the national average of 2.08 t/ha (Pattanayak et al., 2006).