Over view of policies and practices related to Agrobiodiversity in Indian context
E.D.Israel Oliver King, MSSRF
[email protected]
National level training workshop on Agrobiodiversity Conservation and Sustainable Livelihoods CABC, WAYANAD 19 November 2016
Biodiversity • Biological diversity is fundamental to agriculture and food production. • It brings enormous benefits to humankind from direct harvesting of plants and animals for food, medicine, fuel, construction materials, and other uses to aesthetic, cultural, recreational and research values. It provides ecological balance and ecosystem services. Article 2 of the Convention on Biological Diversity, 1992: “the variability among living organisms from all sources … and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.”
AGROBIODIVERSITY • The variety and variability of animals, plants and micro-organisms that are used directly or indirectly for food and agriculture, including crops, livestock, forestry and fisheries.
Conserve soil and increase natural soil fertility
Contribute to sound pest and disease management
Increase productivity, food security, security and economic returns
Diversify products and income opportunities
Role of Agrobiodiversity
Make farming systems more stable, robust, and sustainable
Reduce the pressure of agriculture on fragile areas, forests and endangered species
Contribute to sustainable intensification
Protection of Natural Environment : Fundamental Right in India The scope of “right to life” expanded by higher judiciary to include the “right to clean and pollution free environment” According to the sub-clause (g) of Art. 51-A, “it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures”. The above two provision impose two-fold responsibilities. On the one hand, it gives directive to the State for protection and improvement of environment, and on the other hand it casts/imposes a duty on every citizen to help in the preservation of natural environment.
Convention of Biological Diversity (CBD) • CBD is an international legally binding treaty which was opened for signature at Rio de Janeiro on 5th June 1992 and entered into force on 29th December 1993. • With 193 Parties, the Convention has near universal participation among countries.
Convention on Biological Diversity Objectives and Goals ] Conservation of Biological Diversity ] Sustainable Use of its Components ] Fair & equitable sharing of benefits arising out of utilization of genetic resources & appropriate transfer of relevant technology
] Facilitated Access based on Prior Informed Consent on Mutually Agreed Terms/MTAs
CBD • Article 8(j) of the Convention on Biological Diversity recognizes contributions of local and indigenous communities to the conservation and sustainable utilization of biological resources through traditional knowledge, practices and innovations and provides for equitable sharing of benefits with such people arising from the utilization of their knowledge, practices and innovations.
• India signed the Convention on 5th June 1992, • ratified it on 18th February 1994 and • brought it into force on 19th May 1994.
Further Developments under CBD Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the CBD India signed NP on 11th May 2011 Ratified on 9th October 2012
TRIPs Article 27.3(b) Parties may exclude plants and animals other than micro-organisms and essentially biological processes for the production of plants or animals from patentability. However, members shall provide for the protection of plant varieties Øeither by patents Ø or by an effective sui generis system Ø or by any combination thereof
‘Biodiversity/IPR’ in TRIPS Art. 27.1 • Members to grant patents in all fields of technology
Art. 27.2 • Patents can be refused “to avoid serious prejudice to the environment”
Art. 27.3(b) • Patents can be refused for plants and animals and essentially biological processes for the production of plants or animals but • Members to grant patents for micro-organisms, and nonbiological and microbiological processes for the production of plants or animals • Members to grant protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof
CBD (sovereign right of nations on their biodiversity)
TRIPS (IPRs in all fields of technology)
•Concerns IPR along with benefit sharing to ensure equity and conservation •Talks about rights and roles of all stakeholders of biodiversity •Issues are addressed in the community / national context •Enforcement is mainly left to bilateral / multilateral Prior Informed Consent
•Concerns only IPR to ensure monopoly by the inventor for enterprise •Only about rights/ stakes of persons (IPR holders) •Issues are viewed only from the interest of individual •It is diligently enforced with well laid out procedures for acquisition, maintenance & dispute prevention / settlement
193 parties, 168 signatories WTO - 153 members
The Cartagena Protocol on Biosafety (CPB) • It ensures an adequate level of protection in the field of the safe transfer, handling of LMOs resulting from modern biotechnology that may have adverse effect on the conservation and sustainable use biological diversity, taking into account risk to human health. • The Protocol was adopted on 29th January 2000. India has acceded to the Biosafety Protocol on 17th January 2003. The Protocol has come into force on 11th September 2003.
International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)
• The negotiations at the 27th session of the FAO Conference culminated in the adoption of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA, also known as Seed Treaty), in November 2001 which came into force on 29 June, 2004, and currently has 136 parties.
ITPGRFA • The Treaty is a legally binding instrument that targets the conservation and sustainable use of plant genetic resources for food and agriculture and equitable benefit-sharing, in harmony with the 1992 CBD, for sustainable agriculture and food security. • The treaty also establishes an Multi Lateral System(MLS) for facilitated access to a specified list of PGRFA including 35 crop genera and 29 forage species essential for food security and interdependence, balanced by benefit-sharing in the areas of information exchange, technology transfer, capacity building and commercial development.
Biological Diversity Act 2002 • Recognizing the sovereign rights of States to use their own biological resources, the Convention expects the Parties to facilitate access to genetic resources by other Parties subject to national legislation and on mutually agreed upon terms
Activities Regulated under the BD Act Scope: Biological Resource & Associated Knowledge Activities
Persons u/s 3 (2)
Persons u/s 7
Research (S. 3)
NBA
NA
Bio-survey and Bio-utilization (S. 3)
NBA
SBB
Commercial utilization (S. 3)
NBA
SBB
Intellectual Property Rights (S. 6)
NBA
NBA
Transfer of research results (S. 4)
NBA
NBA
Third party transfer of already accessed bioresources/ knowledge (S.20)
NBA
NA
Intellectual Property Rights • IPR refers to any legal rights relating to the creations of the human mind which could be industrial, artistic, scientific or literary in nature. • IPR is a exclusive right granted, under law to inventions for a fixed period, to exclude others from imitating, manufacturing, using or selling a protected matter or process. • The rationale for the establishment of a legal framework on IPRs is that it is a signal to society that creative and inventive ideas will be rewarded.
International Union for the Protection of New Plant Varieties (UPOV) • UPOV is an intergovernmental organization which was established by the International Convention for the Protection of New Varieties of Plants by a Diplomatic Conference in Paris on December 2, 1961. • The Convention entered into force on 10 August 1968. • The Convention was revised in Geneva in 1972, 1978 and 1991 • As on June 2014, 72 countries have become the members of the UPOV out of which – 49 countries are party to the 1991 Act, – 22 countries are party to 1978 Act and – 1 country (Belgium) is party to the 1961/1972 Act of UPOV.
Intellectual Property Rights (Indian Acts) The Patents Act, 1970 Indian Copyright Act, 1957 Trade Marks Act, 1999 The Designs Act, 2000 Geographical Indications of Goods originating in the territory of Goods (Registration & Protection) Act, 1999 The semiconductor Integrated Circuits Layout Design Act, 2000
Process and product Literary work Trade marks Designs
Protection of Plant Varieties & Farmers’ Rights Act, 2001 The Biological Diversity Act, 2002
Plant varieties and Farmers’Rights
the country
Semiconductor Integrated Circuits layout designs
Biodiversity
Enactment of PPV&FR Act GURT, Sovereign Rights, ABS, Benefit Sharing
CBD 1992 Bio-safety Protocol, 2000 ABS supplementary Protocol, 2010 Farmers Right
International Treaty on plant genetic resources for food & agriculture, 2004 Breeders Right
UPOV 1961, 78, 91
Sui generis System
PPV & FR Act 2001 outcome of the Intensive and Extensive National Consultations and response to international developments / obligations
WTO / TRIPS 1994 Benefit Sharing, Community Rights, Gene Fund
Biodiversity Act 2002, Seeds Act 1966, Seed Control Order, 1983; National Seed Development Policy, 1988; Patent Act,1970, GI Act, 1999, National Farmer Policy, 2007 etc.
Objectives of PPV & FR Act, 2001 • •
TRIPs Article 27.3(b), UPOV system of Novelty and DUS, FAO FR PPV & FR Authority was established on Nov 2005 with the following objectives v To provide an effective system for protection of plant varieties , the rights of farmers and plant breeders, to encourage development of new varieties v To recognise the rights of farmers in respect of their contribution made at conserving, improving and making available plant genetic resources (in light of FAO and ITPGRFA) for development of new plant varieties v To protect plant breeders’ rights to stimulate investment for R&D and develop new varieties (essence of UPOV convention) in public and private sector v To facilitate the growth of seed industry to ensure the availability of high quality seed & planting material to the farmers
22
Access to seed [Section 39(1)(iv)]
Registration of farmers’ varieties [Section 39(1)(iii)]
Benefit sharing [Section 26]
Compensation [Section 39(2)]
Prior authorization for the commercialization of essentially derived varieties [Section 28 (6)]
Farmers’ Rights under the PPV&FR Act, 2001
Compulsory Licensing & Reasonable seed price [Section 47] Farmers’ recognition and reward for contributing to conservation [Section 39(i)(iii) & Section 45(2)(C)]
Farmer protection from innocent infringement [Section 42]
Community Rights [Section 41]
Exemption from registration fees for farmers [Section 44]
Appellate Tribunal
Convention Countries Farmers’ Rights
Community Rights
National Gene Bank & Field Gene Bank
Researchers’ Rights
Breeders’ Rights
Important provisions of Plant Varieties & Farmers’ Rights Act, 2001
Benefit Sharing
DUS Centres
Compulsory License
Infringements, offences & penalties Gene Fund and Recognition Awards
Plant Variety Journal
Notification of crop species Filing of application Examination of application Conduct of DUS test Examination of DUS test result Publication of passport data in the Plant Variety Journal of India
Issue of Registration Certificate
Farmers’ variety: Sec 2(l) Traditionally cultivated and evolved by the farmers in their fields; or
A wild relative or land race or a variety about which the farmers possess the common knowledge.
Whom to consider as Farmer? Sec 2(k) “Farmer” means any person who• cultivates crops by cultivating the land himself; or • cultivates crops by directly supervising the cultivation of land through any other person; or • conserves and preserves, severally or jointly , with any person any wild species or traditional varieties, or adds value to such wild species of traditional varieties through selection and identification of their useful properties.
CROP SPECIES (102) NOTIFIED FOR REGISTRATION Group
No.
Crop Species
Cereals
9
Bread wheat, Rice, Pearl millet, Sorghum, Maize, Durum wheat, Dicoccum wheat, Other Triticum species, Barley, Finger Millet, Foxtail Millet
Legumes
7
Chickpea, Mungbean, Urdbean, Field pea, Rajmash, Lentil, Pigeon pea
Fibre Crops
6
Diploid cotton (two species), Tetraploid cotton (two species) and Jute (two species)
Oilseeds
11
Indian mustard, Karan rai, Rapeseed, Gobhi sarson, Groundnut, Soybean, Sunflower, Safflower, Castor, Sesame and Linseed
Sugar Crops
1
Sugarcane
Vegetables
16
Tomato, Brinjal, Okra, Cauliflower, Cabbage, Potato, Onion, Garlic, Ginger, Turmeric, Bottle gourd, Bitter gourd, Pumpkin, Cucumber, watermelon, Muskmelon, Chilli, Bell Pepper and Paprika
Flowers & Ornamentals
11
Rose, Chrysanthemum, Bamboo Leaf Orchid, Spray Orchid, Vanda or Blue Orchid, Orchids (Cattleya, Phalaenopsis), Bougainvillea, Orchid (Oncidium), Canna, Gladioulus, Jasmine, Tuberose, China Aster,
Spices
4
Black pepper, Small cardamom, Coriander, Fenugreek
Fruits
14
Mango, Almond, Walnut, Cherry, Apricot, Apple, Pear, Pomegranate, Grape, Ber, Acid lime, Mandarin, Sweet orange, Banana, Papaya, Peach, Japanese Plum, Straberry,
Medicinal and Aromatic plants
5
Plantation crop
8
Isabgol, Menthol mint, Damask Rose, Periwinkle, Brahmi
Coconut, Eucalyptus (two species), Casuarina (two species), Tea (three species)
Applications received year-wise/variety-wise 2007
2008
2009
2010
2011
2012
2013
2014
2015
Total
74 136 166 411 143 145 New 356 396 393 100 270 252 Extant 2 5 127 4 939 302 Farmer 0 10 2 25 9 0 EDV 432 547 688 540 1361 699 Total Applications received year-wise/applicant-wise
348
345
187
1933
257
189
75
2275
1001
1962
1290
5632
71
24
0
176
1677
2520
1522 10016
2007 2008 2009 2010 2011 2012 2013 2014 2015 Total 60 1424 Public 287 322 193 31 125 129 141 136 200 2951 Private 143 220 368 505 295 266 534 420 Farmer 2 5 127 4 941 304 1002 1964 1290 5639 Individual 2 2 0 0 0 0 0 0 0 0 Breeder
Total
432
547
688
540 1361
699 1677 2520
1552 10016
Registration Certificate Issued year-wise/variety wise 2007 2008 2009 2010 New Extant Farmer EDV Total
-
-
2 163 3 168
2011
49 49
2012
15 101 116
2013
26 182 3 1 212
53 205 46 304
2014
2015 Total 44 248 108 59 1025 266
459 833
67
578
0
1
170 1852
Registration Certificate Issued year-wise/applicant-wise Public
2007 2008 2009 2010 2011 - 149 49 95
2012 2013 154 154
2014 2015 Total 250 35 886
Private
-
-
16
-
21
55
104
124
68
388
Farmer
-
-
3
-
-
3
46
459
67
578
Total
-
-
168
49
116
212
304
833
170 1852
Section 45 of the PPV&FR Act, 2001
National Gene Fund established on 26 March 2007
In Flow
Compensation amount deposited Contributions from National & International Organizations
Annual Fee Benefit sharing amount deposited
Out Flow
National Gene Fund Constituted by the Government of India For supporting the conservation and sustainable use of genetic resources including in-situ and ex-situ collections
Reimbursement of Benefit shares
Reimbursement of compensation Supporting conservation
22 Agro-biodiversity hotspots distributed over 7 agrogeographical zones of India 1.
Cold Desert Region
12.
Lower Gangetic Plains
2.
Western Himalayan Region
13.
Gangetic Delta Region
3.
Eastern Himalayan Region
14.
Chota Nagpur Region
4.
Brahmaputra Valley Region
15.
Bastar region
5.
Khasia-Jaintia-Garo Hills Region
16.
Koraput Region
6.
North-Eastern Hills Region
17.
Southern Eastern Ghats Region
7.
Arid Western Region
18.
Kaveri Region
8.
Malwa Plateau and Central Highlands Region
19.
Deccan Region
9.
Kathiawar Region
20.
Konkan Region
10.
Bundelkhand Region
21.
Malabar Region
11.
Upper Gangetic Plains
22.
Islands Region
Awards Maximum five awards consisting of a citation, memento and cash of Rupees Ten lakh each Reward
Recognition
Reward: Maximum of ten rewards to farmers consisting of citation, memento and cash of Rupees one lakh each. Recognition: Maximum of twenty recognitions to farmers. Awards / Reward / Recognition
Awarded
Since
Plant Genome Saviour Community Awards
10
2009-10
Plant Genome Saviour Farmer Reward
10
2012
Plant Genome Saviour Farmer Recognition
15
2012
Plant Genome Saviour Recognition Certificates (prior to initiation of PGSCA)
16
2007-08 to 2010-11
DIFFERENCE BETWEEN BENEFIT SHARING IN BDA AND PPV&FRA Ø Benefit sharing under BDA is wider and covers both flora, fauna and micro-organisms Ø Whereas benefit sharing under PPV&FRA is limited to registered plant varieties only. Ø Benefit sharing is compulsory under BDA Ø Benefit sharing under PPV&FRA is initiated on the claim filed by an applicant and accordingly not compulsory if no claim is preferred.
Thanks
Links between PPVFRA, Biological Diversity Act and ITPGRFA Issue
Biological Diversity Act
PPVRFA
ITPGRFA
Scope
Conservation, Sus. use and Benefit Sharing (All biological resources and associated knowledge)
Protection of Breeder and Farmers’ Rights (All crop plants)
Conservation, S. use, facilitated access and benefit sharing (Only Annex 1 Species in public domain)
Access
Sections 19 read with 3, 4, 6 and 7 Rules 14 to 20
Section 40 (disclosure incl.)
Through MLS
Benefit Sharing
Section 21
Section 26, 41 Rules 40 to 44
Articles 10, 13
Others
Exemptions under Section 40
No exemptions
Access only for use, conservation for research, breeding for F&A, not for chemical, pharmaceutical and/or other non-food/feed purposes
