India Framework on Farmers’ Rights:From A CBM Perspective

S.Bala RaviS.Bala Ravi

Advisor (Biodiversity)M.S.Swaminathan Research Foundation

sbala@mssrf.res.in

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

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RightsRightsRese

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RightsRightsFarmer’Farmer’

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REASONABLE & HEALTY BALANCE BETWEEN PBR & FR

HOW FAR OUR POLITICAL ECNOMY ALLOWS THIS