1. Presentation
on
NEW SEED POLICIES, SEED BILL AND IPR
Issues
DR. S. N. VASUDEVAN
Associate Director of Research, ZARS, VC Farm, Mandya
Special Officer, College of Agriculture, Chamarajanagara
W
elcom
e
2. 2
PREAMBLE
Indian Agriculture has made enormous strides in the past 50
years, raising food grains production from 50 million tonnes to over
284 million tonnes.
Globalization and economic liberalization have opened up new
opportunities as well as challenges.
The seed sector has made impressive progress over the last three
decades.
The provision of an appropriate climate for the seed industry to
utilize available and prospective opportunities.
Safeguarding of the interests of Indian farmers and the
conservation of agro-biodiversity
A regulatory system of a new genre is, therefore, necessary
which will encompass quality assurance mechanisms coupled with
facilitation of a vibrant and responsible seed industry.
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POLICY INITIATIVES IN SEED SECTOR
Enactment of the Seeds Act, 1966
Seed Review Team-SRT (1968)
National Commission on Agriculture (1972)
Launching of National Seeds Programme (1975-85)
leading to the creation of State Seeds Corporations,
State Seed Certification Agencies, State Seed Testing
Laboratories, Breeder Seed Programmes
Seed Control Order (1983)
Creation of the Technology Mission on Oilseeds &
Pulses (TMOP) in 1986 (Integrated Scheme of
Oilseeds, Pulses, Oil Palm and Maize,ISOPOM).
Production and Distribution Subsidy
4. 4
Distribution of Seed Mini-kits
Seed Transport Subsidy Scheme (1987)
New Policy on Seed Development (1988)
Seed Bank Scheme (2000)
Protection of Plant Varieties and Farmers Rights Act (2001)
National Seeds Policy (2002)
The Seeds Bill (2004)
Formulation of National Seed Plan (2005)
National Food Security Mission (2007)
Rashtriya Krishi Vikas Yojana (2007)
Introduction of OECD-seed scheme(2010)
Seed subsidy extended to private companies (2012)
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ISSUES AND DEVELOPMENTS ON SEED POLICIES IN INDIA
Strengthening of Seed Quality Control
The Scheme aims at strengthening of quality control arrangements for
seeds to ensure that farmers get good quality seeds.
The Seeds Act, 1966 regulates the quality of seeds sold/distributed to
the farmers through voluntary certification and compulsory labelling of
seeds of notified kind/varieties.
Secretariat support to Central Seed Committee/Central Seed
Certification Board.
The scheme envisages strengthening of 15 Seed Testing Laboratories
and 10 Seed Certification Agencies during the Tenth Five Year Plan
period.
As on date, 22 State Seed Certification Agencies and 101 Seed Testing
Laboratories are functioning in the country.
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Strengthening of Seed Development Organisations, State Seed
Certification Agencies and State Seed Testing Laboratories.
The development of human resources is of prime
importance for the development of seed sector in India.
It is proposed to organize the training in regular manner for
the officials who are engaged in seed development
programme with a view to achieve the aforesaid targeted
seed distribution.
Financial assistance to Central Seed Testing Laboratory
Central Seed Committee (CSC) and Central Seed
Certification Board (CSCB) were established .
Besides, two Central Sub-Committees namely; Central Sub-
Committee on Crop Standards, Notification and Release of
Varieties and State Seed Sub-Committees for Agricultural and
Horticultural crops were also established.
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ISOPOM (Integrated scheme on oil seeds, pulses, oil palm,
and maize)
Assistance provides: Full cost on purchase of Breeder seeds.
Rs. 1000/q for production of foundation seed and certified
seed.
Rs.1200/q or 25% of seed for certified seed distribution.
Full cost of seed minikits of HYVs (through NSC/ SFCI).
75% of cost with ceiling of Rs.7500/- for entire landholding
of farmers.
NSC, SFCI, NAFED and KRIBHCO asked to deliver seed
minikits to different states Department and Development of
Oilseeds Board, Hyderabad & NOVOD Board, Gurgoam
monitor the progress of supply.
Payment for Minikits by TMOP after submitting receipts
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National Seed Policy, 2002
National Seed Policy was formulated in 2002 to raise Indias'
share in the global seed trade by facilitating advanced
scientific aspects such as biotechnology to farmers and in
March 2002, first transgenic Bt cotton was approved for
commercial cultivation in India.
The policy encourages private sector participation in
research and development of new plant varieties.
The rights empowered to various bodies for regulating the
quality of seeds produced, distributed and for providing
variety protection.
Promotion of seed village scheme to increase the
production and make available the seeds in time as well as
upgrading the quality of farmers' saved seeds
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Establishment of seed banks for ensuring supply in times
of calamity and storage facility at village level.
Establishment of a National Seed Board in place of Central
Seed Committee and Central Seed Certification Board to
undertake seed certification and advising Government on all
matters related to seed planning and development.
NSB will serve as the apex body in the seed sector
Setting up of National Seed Research and Training Centre
to impart training in seed technology.
Development of a National Seed Grid to provide
information on availability of different varieties of seeds
with production details.
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THE SEEDS BILL, 2004
Registration of kinds and varieties of Seeds etc….
Evaluation of performance–
Compensation to Farmers–
Registration of Seed Producers & Processing Units–
Seed dealers to be Registered
Regulation of Sale of Seed and Seed Certification
Seed Analysis and Seed Testing
Export and Import of Seeds & Planting Material
Offences and Punishment
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Quality assurance to farmers
spurious seeds
under performing seeds
non-performing seeds
Price Control
Share of seed in the cost of production
Increasing yields
Productivity
Quality of produce
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Biotechnology Regulatory Authority Bill–
GM seed regulation
Field Contamination
•Legal procedures for seed/varietal contamination in the
fields
•Quality of produce
Protection of germplasm
Patents
Privatization of public varieties
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Programmes and Schemes on seeds
Pilot scheme on Seed Crop Insurance
The Government of India’s PSSCI came into effect from Rabi 1999–
2000.
The objective was to provide a sense of financial security to seed
breeders and seed growers against failure of seed crops.
Seed village concept
A village, wherein trained group of farmers are involved in production 'of
seeds of various crops and cater to the needs of themselves, fellow
farmers of the village and farmers of neighboring villages in appropriate
time and at affordable cost is called "a seed village".
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Seed Bank Scheme
Implemented by Seed Division from 1999- 2000
with the objective to meet requirement of seeds during natural
calamities and unforeseen conditions.
Under this component, for maintenance of certified and foundation
seeds of identified crops, grants are provided for meeting 50% cost as
revolving funds for procurement of seed, maintenance cost and price
differential for leftover seeds as non seed are reimbursed.
Financial assistance is also provided for development of necessary
infrastructure for construction of seed storage as well as setting up of a
data bank and information system for facilitating faster flow of
information on the availability of seeds.
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Transport subsidy on movement of seeds
This component covers North-Eastern States including
Sikkim, Jammu & Kashmir, Himachal Pradesh, Uttaranchal
and Hill Areas of West Bengal.
The component provides for 100% reimbursement of
difference between rail and road transportation cost is
allowed for the movement of seeds produced outside the
State
The actual cost, restricted to maximum limit of Rs. 60 per
quintal whichever is less for the movement of seed within
the State from State capital / district Headquarters to sale
outlets / sale counters.
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Assistance for Creation/Strengthening of Infrastructure
Facilities for production and distribution of quality seeds
Newly carved States, existing States, newly created State
Seeds Corporation and existing States Corporation including
NSC/SFCI etc.
Assistance for creating facilities for seeds processing
plants, machineries for seed cleaning, grading, treating ,
packing and seed storage godown is proposed.
The assistance would be available in the form of grant for
specific purpose of creating infrastructure facilities
mentioned above only.
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Boosting Seed Export
It is proposed to obtain the membership of
International Organizations like International Seed
Testing Association (ISTA) and to participate in the
Organization of Economic Cooperation and
Development (OECD) Schemes for the development
of Indian Seed Industry and promotion of export of
seeds:
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Organic Seed Production
Certification / Regulatory mechanism
International
IFOAM-International Federation of Organic Agriculture Movements (an
international umbrella organization for organic organizations)
EU- European Union
National
NPOP – National Programme for Organic Production (National
Standard for Organic Production)
APEDA- Agricultural and Processed Food Products Export
Development Authority
State
KSSOCA – Karnataka State Seed and Organic Certification Agencies
(1st January, 2013)
19. 19
INTELLECTUAL PROPERTY RIGHTS: ISSUES AND CONCERNS
HISTORICAL BACKGROUND
Great depression of 1930s of international trade
Many countries imposed restriction for their safe guards.
30 October 1947:23 countries signed on GATT.
To settle disputes regarding who gets what share of the world trade.
Enforced on 1st Jan 1948.
8th round: September 1986: Uruguay.
Mr. Arther Dunkel, then Director General compiled detailed document
known as DUNKEL PROPOSAL.
In this, namely, agriculture, service & TRIPs, were included.
15th April 1994: Morocco: 124 countries signed an accord to give rise
to WTO.
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IPR DEVELOPMENTS IN INDIA
1947: Patents & Designs Act, 1911
1995: India joins WTO
1998: India joins Paris Convention/PCT
1999: Patent amendment provided EMR retrospectively from 1/1/95
2003: 2nd amendment in Patents Act
Term of Patent – 20 years after 18 months publication
Patent Tribunal Set up at Chennai
2005: Patents (Amendment) Act 2005
1999 – 2005: Plant Varieties and Farmers’ Rights Act & Biodiversity Act.
Designs, TM/Copyright Acts updated GI Registry set up at Chennai. IP
Acts TRIPS Compliant
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Need of IPR
“Monetary profit is the most important, in most cases, the only
motive behind man’s relentless toil, inventiveness and ingenuity”.
With the advent of biotechnology one of issue is legal
characterization of the new invention.
It is created to protect the rights of individual to enjoy their
creations and invention.
Created to insure protection against unfair trade practices.
To assure the world a flow of useful, informative and intellectual
works.
To encourage the continuing innovativeness and creativity of
owners of IP.
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GEOGRAPHICAL INDICATIONS
It refers to an indication which identified such goods as
agricultural goods, natural goods or manufactured goods as
originating, or manufactured in the territory of a country, or a
region or locality in that territory,.
where a given quality, reputation or other characteristics of such
goods is essentially attributable to its geographical origin and in
case where such goods are manufactured goods one of the
activities of either the production or of processing or preparation
of the goods concerned takes place in such territory, region or
locality, as the case may be. (Source: Ministry of HRD)
It helps in protecting countries biodiversity assets,
It prevents the others from misleading the public and present
unfair trade practices for the goods that have their origin from a
particular, territory, region or locality.
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PROTECTION OF PLANT VARIETIES AND FARMERS
RIGHTS ACT, 2001
Plant variety protection provides legal protection of
a plant variety to a breeder in the form of Plant
breeder’s rights.
Plant Breeder’s Rights are intellectual property
rights that provide exclusive rights to a breeder of
the registered variety.
