Redrafted Plant Varieties Bill Seeks More Farmers Rights

The new protection of plant varieties and farmers' rights bill sought to negate the terms of the union for protection of new plant varieties (UPOV), and recognised the farmer as their conserver and preserver, the committee report, presented in both houses of Parliament last week, said.

None of the 47 countries who were signatories of UPOV had made this

provision in their plant variety protection legislation, the report added.

The original bill, based on the UPOV model, was introduced in Lok Sabha on December 12, 1999 and later referred to the joint committee of both houses as it was felt the bill had inadequate provisions to protect the interests of the farmers, registration of extant variety, tribunals for speedy settlement of disputes etc.

 

Following extensive discussions with various quarters, including farmers, agricultural scientists and state government functionaries, the committee focused on protection of farmers' rights which arose from their past, present and future efforts in conserving, protecting and maintaining plant genetic resources and traditional varieties.

The issue of enacting a law relating to plant varieties protection and farmers' rights became important after India signed the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).

The WTO agreement, which was ratified in December 1994 and came into force from January 1, 1995, requires that members "shall provide for protection of plant varieties whether by patenting or by an effective sui generis system or by any combination thereof".

The 1999 bill was thus drafted to stimulate investments in research and development of new plant varieties, facilitate growth of the seed industry and recognise the role of farmers as cultivators and preservers,

However, the JPC felt the bill, as introduced in the Lok Sabha, had inadequate provisions for protecting the interests of the farmers.

The UPOV model, it said, was inappropriate for India as it did not recognise farmers as breeders, but only as producers.

The redrafted bill thus incorporated a separate chapter on farmers' rights, a unique feature, the report said.

While the original bill authorised only the high courts to hear appeals against orders or decisions of the authority or registrar, the new bill recommended constitution of a tribunal for the purpose.

It also incorporated changes in the provisions for plant varieties and farmers' rights authority, registration of plant varieties, benefit sharing and infringement.