PVPFR ACT, A SUI GENERIS SYSTEM

Law

made for a specific purpose Chosen as an alternative to amending the Patents Act Sui Generis law an option under Article 27 of the TRIPS Agreement and the UPOV Convention

SUI GENERIS SYSTEM

PVPFR

enacted so as to enable a law more suitable to Indian Conditions as farming here is done mostly on subsistence basis rather than the Agribusiness model in the West Instead of a patent, it is called a registration. Not so many rights as a patent for commercialization, has regulatory interferences

MONSANTOS PATENT APPLICATION FOR A CLIMATE RESILIENT PLANT

A Transgenic

plant with resistance to cold, heat, draught and salt. Patent Claim was rejected by the IPAB on 5th July 2013 Rejected due to lack of inventive step Claims fall under essential biological processes of regeneration and selection Patent Office it was just a mere discovery of a property under Sec 3(d) of the Patents Act

MONSANTO APPLICATION
Mere

employment of a cold shock protein, is a known process Indian Farmers have been growing such varieties in the coastal areas for a millenia Traditional farming does have significant human intervention unlike claimed by Monsanto Basically an attempt at Bio Piracy

GM CROPS IN INDIA
Bt

Cotton Bacillus Thuringenesis, a process which produces insecticide within the Plant. Conflicting Studies withing China about profit halving, even in India. Bt Brinjal GM Bananas from Australia

THE SEED BILL

Meant to update the Seeds Act of 1966 Registration of all seeds necessary Seeds have to meet certain minimum standards, as maybe prescribed. Protection under the Consumer Protection Act. Every Seed Dealer, producer and horticulture nursery. Provision for Seed Inspector Prohibition of Terminator Technology (GURT)(Transgenic Varieties)

THE SEED BILL

Establishment of Seed Committees at the state and Central Level to look into the Registration of varieties Establishment of National Seed Registries Import and Export to be regulated under Plant Quarantine Order 2003 Self Accreditation of Seeds

Amended to include only State Controlled Agencies

State Seed Certification Agencies

THE SEED BILL

All

Seeds have to be registered with government. Registration lasts for 10 years for Annual/Biennial Crops 12 years for long duration perennial crops

RIGHTS AND OBLIGATIONS OF FARMERS UNDER THE BILL

Farmers

can exchange, sell, share but only in unbranded form, also have to meet minimum standards. Seed Inspectors without warrants can conduct search and seizure, break open doors and containers, violating the Crpc. (Amended.) Right of Compensation to farmers for failed crops, non existent in the current act in force

THE SEED BILL

Seeds

are required to fulfill a minimum germination requirement, failing which it shall be considered to be a failed seed and a violation of the Act, applies to all sellers of seeds Pricing of Seeds with regard to Levy of Royalty unregulated, except in the Andhra Pradesh Seed Bill

CONFLICT BETWEEN PPVFR AND THE SEED BILL

Definition

of Farmer more inclusive and progressive in PVPFR Maintenance of Registry of Plant Varieties by the PVPFR authority while the CSC shall maintain a Seed Registry

SOCIAL AND ENVIRONMENTAL IMPACTS OF GM CROPS

Prices

of Bt Cotton Seeds have about 45% as Royalty Component According to many sources Prices of Cotton seeds have increased up to 8000% in some instances Virtual Annihilation of Traditional Varieties of Seeds and plants Farmer Debt and resultant suicide highest in the cotton belt

SOCIAL AND ENVIRONMENTAL IMPACTS OF GM CROPS

Farmers

forced to buy seed from the same company Glorified Claims of Productivity Creation of Slums in cities, exodus from villages to urban areas and avenues Farmers in Gujarat accused of Biopiracy by Monsanto, after pollen from Bt Cotton contaminated their crops

SOCIAL AND ENVIRONMENTAL IMPACTS OF GM CROPS

Basically

GM crops do not restrict themselves to the cultivated area, and contaminate organic varieties Gm varieties more resilient to herbicides and thrive under some extreme climatic circumstances leading to possible creation of Super Weed Claims of reduction in pesticide use is being refuted by farmers and experts, it also leads to GM/BT resistant pests.