Farmers’ Rights in India Dr.A.K.Bhattacharyya Professor EEI(NE Region),AAU,Jorhat

Farmers’ role in evolution of crop varieties and conservation of the germplasm Emergence of Genetics and Plant Breeding – role of science and technology in development of new varieties

International developments Birth of PPVFR Act, 2001 – Farmers’ Rights International developments Uruguay Round of the GATT negotiations (starting from 1986) Establishment WTO (1995) International Undertaking on Plant Genetic Resources (IU) Convention on Biological Diversity (CBD)

National developments Birth of PPVFR Act, 2001 – Farmers’ Rights National developments Movements to resist the country’s liberalizing reforms and entry of the multinational seed companies and also for asserting the farmers’ rights on the genetic resources The FAO’s recommendation for Farmers’ Rights was reinforced in 1994 by a four-day Dialogue on Farmers’ Rights organized by MSSRF

Birth of PPVFR Act In PPVFR, provision has been made for guarding the interests of both plant breeders as well as the farmers.

INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE The Treaty was adopted on 31st session of FAO on 3 November 2001 and entered into force on 29 June 2004 The objectives of this Treaty are the conservation and sustainable use of plant genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security.

International Treaty on PGR for Food and Agriculture Recognizes the contribution of farmers to the conservation and development of plant genetic resources which constitute the basis of food and agriculture production throughout the world.

International Treaty on PGR for Food and Agriculture Stipulates to take measures to protect and promote Farmers’ Rights, including: protection of traditional knowledge relevant to plant genetic resources for food and agriculture; the right to equitably participate in sharing benefits arising from the utilization of plant genetic resources for food and agriculture; and the right to participate in making decisions, at the national level, on matters related to the conservation and sustainable use of plant genetic resources for food and agriculture.

International Treaty on PGR for Food and Agriculture The Treaty clearly states that Nothing in this Article (9 of the Treaty) shall be interpreted to limit any rights that farmers have to save, use, exchange and sell farm-saved seed/propagating material, subject to national law and as appropriate.

Salient few points of PPVFR Act Procedure for protecting crop varieties Protection of breeder’s and farmers’ rights Recognition of the farmer as – - Conserver - Provider of Plant Genetic Resources - Breeder - Producer and - Consumer

Farmers’ Rights to register varieties – as breeder Under the Act, the farmers have been granted several rights that include the rights to save, use, sow, resow, exchange, share or sell seeds (not as branded seed) and propagating material to register varieties – as breeder to recognition and reward for conservation of varieties – from Gene Fund to benefit sharing

Farmers’ Rights to information about expected performance of a variety compensation for failure of variety to perform availability of seeds of registered variety free services for registration legal claims under the Act, and protection from infringement.

Farmers’ Rights (Not privilege) Right to produce, save, sell, exchange, and share protected varieties except sale as branded seeds To register farmers’ varieties Compensation for lower than specified yield Exemption from payment of fees Safeguard against innocent infringement

Community Rights Recognition of the role of traditional communities in conservation of genetic resources of land races and wild relatives of crops. Compensation for contribution of village or local community in evolution of a registered variety. Compensation determined by PPV&FR Authority and deposited in National Gene Fund first.

Benefit-sharing From a variety developed by using indigenously derived genetic resources Any person, group of persons or govt. or NGO can file claim for benefit sharing Benefit sharing confined to Indian citizens and organizations  Benefit sharing for essentially derived varieties Quantum of benefit to be decided by the PPV&FR Authority

Who can file application for farmers’ right ? Any person or group of persons (may or may not be engaged in farming) Should be Indian citizen Any government or non-government organizations (NGO) on behalf of the people of the village or community

Benefit Sharing On receipt of copy of certificate of registration, the PVPFR Authority shall publish the contents of the certificate. Invite claims of benefit sharing to the registered variety in prescribed manner. Any person or group of persons or firms or governmental or non-governmental organizations (NGO) shall submit claims of benefit sharing for the variety in prescribed form in stipulated time as prescribed.

Verification of the claim The authority should be satisfied with the claims made by persons/ organizations regarding the contribution of the village/ community in the evolution of the variety registered under the Act. On being satisfied, the Authority will issue notice in prescribed manner to the breeder asking to pay to the claimant a sum for compensation.

Benefit Sharing (Contd..) The Authority shall indicate in its order the amount of benefit sharing, if any, for which the claimant is entitled considering The extent and nature of the genetic materials of the claimant in the development of the variety Amount of benefit sharing of the variety as determined by the Authority shall be deposited by the breeder in the National Gene Fund. The breeder may submit his opposition to such claims

Gene Fund Central Govt. has established “national gene fund” from earnings of benefit sharing of registered varieties compensation deposited in the fund contribution from national and international organizations

Gene Fund to be used for Paying compensation to the communities for their contribution to the development of the variety. Benefit sharing as determined under the provision of the Act. Conservation and sustainable use of genetic resources Strengthening the capability of Panchayats in carrying out such conservation and sustainable use

Benefit Sharing – TBGRI Model or Kani Model India has the distinction of being the first country in the world in experimenting a benefit-sharing model that implemented the Article 8(j) of the CBD. The Tropical Botanic Garden and Research Institute (TBGRI) in Kerala shared benefits with the tribal community called ‘Kani’ for scientifically validated herbal drug (Jeevani)

Thank you