Seed Health Management for Better Productivity - Govind Ballabh ...

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(Seed Health Management for Better Productivity)which- i) has been traditionally cultivated and evolved by the farmers in their fields; or ii) is a wildrelative or land race of a variety about which the farmers posses the common knowledge.An application for registration can be made by any person claiming to be the breeder of thevariety, successor of the breeder, assignee, any farmer or group of community of farmers, anyperson authorized for the above mentioned categories or any University or publicly fundedagricultural institution claiming to be the breeder of the variety. However, an application of farmervariety filed by any farmer or group of farmers or community of farmers has to be endorsed by anyone of officers viz. District Agricultural Officer, District Tribal Development Officer, DirectorResearch of the concerned state Agricultural University, Chairperson/Secretary of the concernedPanchayat Biodiversity Management Committee.All the varieties will be registered with PPV&FR Authority. DUS guidelines for 35 cropshave been prepared by ICAR while guidelines for 12 crop species have been notified by PPV&FRAuthority in the gazette. PPV&FR Authority has established testing centres for each and everycrop species. In the first phase which has started in May, 2007, the registration of varieties will bedone for 12 crop species of cereals and legumes. The registration will then extend to 35 cropswhich includes cereals, pulses, oilseeds, vegetable and two flower species. DUS guidelines arealso being prepared for medicinal and aromatic plants, spices, ornamentals and forest trees forwhich task forces have been constituted by the PPV&FR Authority.Indian PPV&FR Act allows farmers to save, use, sow, resow, exchange, share or sell hisfarm produce including seed of a variety protected under this Act, but it prohibits that the farmershall not be entitled to sell branded seed of a variety protected under the Act [Sec. 39, 1(iv)]. Thefarmers have been given the right to register farmers varieties themselves [Sec. 39,1(i)], right toclaim compensation for under performance of a protected variety from the promised level [Sec.39(2)], benefit sharing for use of biodiversity conserved by farming community [Sec. 41]. Accordingto the concept of benefit sharing, whenever a variety submitted for protection is bred with thepossible use of a landrace, extant variety or farmer’s variety, a claim can be referred either onbehalf of the local community or institution for a share of the royalty [Sec. 41(1)] (Anonymous,2003). In the Act a provision of compulsory license has also been put. According to this, after theexpiry of three years from the date of issue of certificate of registration of a variety, any personinterested can claim in an application to the authority alleging that reasonable requirements of thepublic for seeds or other propagating material have not been satisfied or that the seed or otherpropagating material is not available to the public at a reasonable price and pray for the grant of acompulsory license to undertake production, distribution and sale of the seed or other propagatingmaterial of that variety [Sec. 47(1)] (Anonymous, 2003).The Act had laid down the norms for registration of plant varieties, fee structure, provisionsof opposition, DUS testing of material, etc. If any farmer or association of farmers is applying forregistration of a plant variety then this category is not required to pay any fee for either registrationor DUS testing. However, for the registration of farmer variety a farmer has to pay the fee for- 54 -
(Seed Health Management for Better Productivity)application form. Also an affidavit for Rs 100/- on non judicial stamp paper has to be submittedwith the application form indicating that the variety does not contain any GURT or terminator genetechnology. For the registration of farmers’ varieties, farmers have to be motivated for filing ofapplication form or the SAU’s / ICAR institutes have to take the lead so that valuable germplasmcan be protected. In this direction Intellectual Property Management Centre of G.B. Pant Universityof Agric. & Tech., Pantnagar has taken the lead by filing three applications of farmers’ varieties ofrice namely Tilakchandan, Hansraj and Indrasan on behalf of the farmers and for the benefit offarmers. PPV&FR Authority has gazette notified that extant varieties which includes farmer’svarieties will be registered in the next 3 years from the date of notification of registration ofvarieties for 12 crop species. Thus there is an urgency to register the farmers varieties otherwisethe valuable germplasm which was being conserved by the farmers will remain unprotected andany body can utilize for pecuniary gains.Once the variety has been tested for its features then the Registrar of the Authority willissue the certificate of registration. It shall have the validity of nine years initially in case of treesand vines with renewal up to a period of 18 years. For other crops certificate of registration will beissued for six years initially with renewal up to 15 years. In case of extant varieties the validityperiod is 15 years from the date of notification of that variety by the Central Government undersection 5 of the Seeds Act 1966.REFERENCES1. Anonymous, 2003. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 and Rules,Universal Law Publishing Co., Delhi, 2003.2. Chawla, H.S., 2007a. Managing intellectual property rights for better transfer and commercializationof agricultural technologies. J Intellectual Property Rights, 12: 330 – 3403. Chawla, H.S., 2007b. Intellectual Property Rights. J. Eco-friendly Agriculture, 2(2): 103-1124. Chawla, H.S. and Singh, A.K., 2005. Intellectual Property Rights. Vol II: Copyrights, Trade Marks,Trade Secrets and Geographical Indications. Pantnagar University Press, pp-755. Chawla, H.S. and Singh, A.K., 2007. Intellectual Property Rights: Patents, Plant Variety Protectionand Biodiversity, Published by Intellectual Property Management Centre, G.B. PantUniv. of Agric & Tech., Pantnagar, 54 p.- 55 -
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potential. An improvement in qualit
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9. Session Arrangement CommitteeDr.
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9. Dr. Pradip Kumar BorahSr. Scient
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TRAININGONANNEXURE-IIISEED HEALTH M
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ANNEXURE-IVCENTRE OF ADVANCED STUDI
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SundayApril 6MondayApril 7TuesdayAp
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TuesdayApril 15WednesdayApril 16Thu
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