India Framework on Farmers’ Rights : From A CBM Perspective S.Bala Ravi Advisor (Biodiversity) M.S.Swaminathan Research Foundation Wageningen Univ-MSSRF Training

SBR 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 SBR Unique Advantage of On-Farm Conservation to Global Food Security

SBR 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 TypeCost/Accession/Year Orthodox & Recalcitrant seeds O US $ 0.87 to Vegetative propagule & wild species US $ to 89.35

SBR 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?

SBR  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

SBR 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 sharing 4. 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' variety India’s PPVFR Act

Right to save, use, sow, re-sow, exchange, share or sell farm produced seed, including the seed of registered variety Farmers’ Rights as conserver and cultivator

Farmers’ Rights Right to share benefit when farmers’ variety is used for breeding new commercial variety. (Link to National Gene Fund) as conserver

Farmers’ Rights Right to farmers and Right to farmers and communities to receive communities to receive reward and recognition reward and recognition for conserving PGR for conserving PGR (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) 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)

Plant Breeder’s Breeder’s Right RightPlant Breeder’s Breeder’s Right Right EQUITY, ETHICS & PUBLIC INTEREST Researcher’s Rights RightsResearcher’s Farmer’s Farmer’s REASONABLE & HEALTY BALANCE BETWEEN PBR & FR HOW FAR OUR POLITICAL ECNOMY ALLOWS THIS