BP Singh

240 R.S. RanaEssential features of the 1978 upav Convention are beingconsidered for adoption retaining exemptions for Farmers' Rightsand also for Researcher's use. It is proposed to entitle farmers toclaim suitable compensation from the breeder of the protectedvariety / dealer in the event of failure in the stated performance., Period of protection is being proposed to be 15 years forannual crop plants and 18 years for fruit trees and vines. It is beingmade compulsory to deposit a reference seed sample in theNational Gene Bank and also to do cataloguing in the NationalRegister. Certification :may also be made compulsory. There willbe a provision for compulsory licensing also. .It is being proposed to set up a National Authority for plantvariety protection, i.e., protection of Breeder's, Farmers' andResearch Use Rights. There will also be an Appellate Board toresolve arising disputes. NBPGR is expected to playa vital rolein implementation of the proposed legislation and efforts havealready been undertaken to develop the anticipated capabilitiesand scientific competence.The key point under debate is how to ensure' unrestrictedflow of plant genetic resources for research purpose and alsosharing of research information while providing adequate legalprotection to plant variety across countries.International Convention on Biological Diversity and FAOInternational understanding of Plant Genetic ResourcesThe International Convention on Biological Diversity (CBD),signed by 174 countries, became legally binding with effect from29 December 1993. India ha$ signed and also ratified this historicaltreaty which recognised'sovereign rights of nations over theirgenetic resources and also for determining access to them basedon prior informed consent and linking to transfer to relevant. technologies and sharing of benefits.Prior to the CBD, India was sigiltatory to the InternationalUndertaking on Plant Genetic Resources that was developed byFAO of the United Nations in 1983 and adopted by 112 countries.This International Undertaking was based on the concept thatplant genetic resources were the common heritage of manki,nd.Text of the International Undertaking is being revised now through