India Framework on Farmers’ Rights: From A CBM Perspective S.Bala Ravi S.Bala Ravi Advisor (Biodiversity) M.S.Swaminathan Research Foundation [email protected] Wageningen Univ-MSSRF Training
Jan 20, 2016
India Framework on Farmers’ Rights:From A CBM Perspective
S.Bala RaviS.Bala Ravi
Advisor (Biodiversity)M.S.Swaminathan Research Foundation
Wageningen Univ-MSSRF Training
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The basis of Farmers’ Rights, is the past, present and future contributions of farmers in all regions of the world,
particularly those in centers of origin and diversity, in conserving, improving and
making available the plant genetic resources
Farmers’ Rights:The FAO-IUPGR (1983) and IT (2001)
National Scenario on PGR & Use Indian farmers have been generating &
conserving rich genetic diversity in many crops over last 7000 plus years
Crop improvement is dominated by public R&D, with about 25% of investment from private sector and public sector varieties are placed in public domain
About 75 % of seed supply is confined to the farmer seed system
Traditional right of farmers on saving, sowing, exchanging and selling planting material is strongly entrenched with its strong link to
the livelihood Private seed sector places priority on hybrid
seed technology (90%) to beat farmers’ rights on seeds
The time tested traditional in situ on-farm conservation by farming communities involves repeated seed regeneration together with dynamic natural and human selection applying innovation. This process continues to generate new genetic diversity to suit to changing times and needs. It has a built in sustainable use
Ex situ conservation is very recent. It merely holds PGR accessions taken from farmers, safely for long period, in the very state of its genetic architecture.
It has major limitations in conserving genetic variability of X-pollinated and vegetative propagated species
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Unique Advantage of On-Farm Conservation to Global Food Security
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Cost of conservation in IARC Gene banks ---Koo, Pardey, & Wright.(IFPRI) 2003
Ex Situ conservation-Who Pays for it
COST OF CONSERVATION & WHO PAYS IT?
Global Community pays the ex situ conservation cost National Govts & Global Crop Diversity Trust
Seed Type Cost/Accession/Year
Orthodox & Recalcitrant seeds O
US $ 0.87 to 15.48
Vegetative propagule & wild species
US $ 11. 98 to 89.35
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Most of the farming community conserved PGR (landraces or traditional/farmers’ varieties/wild relatives) are relatively low yielding & income generating, but possess few or more other useful traits
Every time these PGR are grown, farmers suffer an opportunity cost, which is the difference in net profitability between growing low yielding land race and alternate high yielding variety,
Conservation of many of these PGR in many crops at national level demands large land area every year and this impact on the urgent national interest of all developing countries for strengthening their food security,
Cultivation of land races under marginal and pro-nature farming also contributes to environmental service, which is beneficial to all others
NONE PUTS MONEY 2 SUPPORT ON-FARM CONSERVATION
In Situ Conservation-Does any one Pay for it?
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On–farm conservation is linked to a farming practice embedded on an economic philosophy and cultural ethos of traditional communities
Conservation of PGR is irreversibly weakened under the IPR-driven industrial agriculture
Genetic erosion has intensified in developing countries under hi-input production systems
Unchecked spread of IPR-driven market economy in national seed systems is putting the low economic return-based in situ on–farm conservation and associated cultural value systems at increasing danger.
ON-FARM CONSERVATION Vis-a-Vis IPR DRIVEN SEED SYSTEMS
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Indian sui generis law for Protection of plant variety
The Protection of Plant Varieties and Farmers’ Rights Act,2001
grants PBR safeguards the FR consistent with IT allows researcher’s rights
The Act provides FR on recognizing the farmer as the cultivator, conserver, and breeder
IMPORTANT FARMER FRIENDLY FEATURES OF PPVFR ACT
1. New varieties and Extant varieties including Farmers’ varieties are eligible
for registration,2. Allows extensive Farmers’ Rights (FRs)
3. Disclosure of PGR accessed is essential and provides for Benefit sharing4. Mandatory to disclose presence of GURT, like terminator gene
5. Allows compulsory licensing on grounds of levying unreasonable price to seed
The Protection of Plant Varieties and Farmers’ Rights (2001)
Grants protection to :
Farmers’ variety-
Extant Variety -
New Variety -
Registration by a farmer, a group or community of farmers D + Relaxed U & S
DUS
Novelty + DUS
“Farmers' variety" means a variety which has been traditionally cultivated and evolved by farmers in their fields; or
a land race or wild relative, about which the farmers possess common knowledge
Farmers' varietyIndia’s PPVFR Act
Right to save, use, sow, re-sow, exchange, share
or sell farm produced seed, including the seed
of registered variety
Farmers’ Rightsas conserver and cultivator
Farmers’ Rights
Right to share benefit when farmers’ variety is used for breeding new
commercial variety.
(Link to National Gene Fund)(Link to National Gene Fund)
as conserver
Farmers’ Rights
Right to farmers andRight to farmers and communities to receive communities to receive
reward and recognition reward and recognition for conserving PGRfor conserving PGR
(India instituted Genome Saviour Award in 2007)(India instituted Genome Saviour Award in 2007)
as conserver
Farmers’ Rights
Right to get adequate supply of seed of
registered varieties at reasonable prices
(Link to Compulsory Licensing)(Link to Compulsory Licensing)
as cultivator
Right to claim compensation for under
performance of registered variety
Farmers’ Rights
as cultivator
Right to register
farmer’s variety
Farmers’ Rights
as breeder
Farmers’ Rights
In the event of an essentially derived variety (EDV) is developed from farmer’s
variety, the commercialization of such
EDV cannot be done without prior consent from the
Farmer concerned
as breeder
Farmers’ Rights
Exemption to farmers from paying all fees related to
administrative and judicial proceedings under this Act
On socio-economic consideration
Farmers’ Rights
Judicial Protection against first innocent
infringement of this Act
On socio-political consideration
NATIONAL GENE FUND
Annual fee on varieties
Compensations deposited
Benefit shares awarded
Contributions from National &
International Organizations Reimbursement of
Benefit shares
Reimbursement of compensation
Supporting conservation
NGF to be established by the Central Government
(Sec. 45)
PlantPlant
Breeder’sBreeder’s RightRight
PlantPlant
Breeder’sBreeder’s RightRight
EQUITY, ETHICS & PUBLIC INTERESTEQUITY, ETHICS & PUBLIC INTERESTEQUITY, ETHICS & PUBLIC INTERESTEQUITY, ETHICS & PUBLIC INTEREST
Research
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Research
er’s
RightsRightsRese
archer’s
Research
er’s
RightsRightsFarmer’Farmer’
ss RightsRightsFarmer’Farmer’
ss RightsRights
REASONABLE & HEALTY BALANCE BETWEEN PBR & FR
HOW FAR OUR POLITICAL ECNOMY ALLOWS THIS