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LATEST NEWS UPDATES | A potential seedbed for private profits -R Ramakumar

A potential seedbed for private profits -R Ramakumar

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published Published on Dec 6, 2019   modified Modified on Dec 6, 2019
-The Hindu

The new Seeds Bill is tilted against farmers’ interests and loaded in favour of seed companies.

After passing through at least two versions, Seeds Bill 2019 is now under Parliament’s consideration. The earlier versions of the Bill, in 2004 and 2010, had generated heated debates. The present version promises to be no different.

In 1994, India signed the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In 2002, India also joined the International Union for the Protection of New Varieties of Plants (UPOV) Convention. Both TRIPS and UPOV led to the introduction of some form of Intellectual Property Rights (IPR) over plant varieties. Member countries had to introduce restrictions on the free use and exchange of seeds by farmers unless the “breeders” were remunerated.

BALANCING CONFLICTING AIMS

TRIPS and UPOV, however, ran counter to other international conventions. In 1992, the Convention on Biological Diversity (CBD) provided for “prior informed consent” of farmers before the use of genetic resources and “fair and equitable sharing of benefits” arising out of their use. In 2001, the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) recognised farmers’ rights as the rights to save, use, exchange and sell farm-saved seeds. National governments had the responsibility to protect such farmers’ rights.

As India was a signatory to TRIPS and UPOV (that gave priority to breeders’ rights) as well as CBD and ITPGRFA (that emphasised farmers’ rights), any Indian legislation had to be in line with all. It was this delicate balance that the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act of 2001 sought to achieve. The PPVFR Act retained the main spirit of TRIPS viz., IPRs as an incentive for technological innovation. However, the Act also had strong provisions to protect farmers’ rights. It recognised three roles for the farmer: cultivator, breeder and conserver. As cultivators, farmers were entitled to plant-back rights. As breeders, farmers were held equivalent to plant breeders. As conservers, farmers were entitled to rewards from a National Gene Fund.

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The Hindu, 6 December, 2019, https://www.thehindu.com/opinion/lead/a-potential-seedbed-for-private-profits/article30195634.ece


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