DUS Testing under Plant Variety Protection Act of India

Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Registry has changed it long adopted procedure for registration of plant varieties, as per the public notice issued in Plant Variety Journal of India, March 2012(here). I have already posted (here) that Authority has made its mandatory disclosure as per the RTI Act, 2005(here). In the blog post (here) it was also pointed out that some of applicants do not agree with the earlier procedure followed by the Registry, as it was not accordance with various provisions of the PPV&FR Act and Rules. In the mandatory disclosure the norms set by the Authority to discharge its functions provides that “DUS test is to be conducted after advertisement of applications in Plant Variety Journal”. The Authority has already published advertisement for thousands of plant varieties with unconfirmed DUS characteristics and on the basis of which several oppositions are pending before the Registry, leading to unnecessary litigations between seed companies.

Out of these thousands of applications published, the Authority has already registered 327 plant varieties (here) according to the earlier followed norms of publication of characteristics of plant varieties before DUS testing.

Excerpt of the said Public Notice is as under:

“Henceforth, in accordance with Section 19 of PPV & FR Act, 2001; the applicants shall along with the application for registration, deposit seeds of the variety applied for registration in such quantities as specified in the DUS test guidelines of respective crop species for DUS testing. Thereafter, in accordance with Rule 29 (2) of the PPV & FR Rules, 2003, if the application is found to be in order on initial scrutiny then the applicant will be notified to deposit the DUS test fee. On payment of said fee, the DUS test will be conducted. Before acceptance of an application for registration, inquiry will be conducted under Section 20(1) of PPV & FR Act, 2001 by examining the DUS test report along with application and other documents. Thereafter, if the application is found to be in order, it will be accepted under Section 20(1) and advertised under Section 21(1) of PPV & FR Act, 2001”.

At this juncture, I feel it apposite to point out that the registration of plant varieties opened since November 2006 and about 327 plant variety registrations have been granted till date, following the unlawful procedure adopted by the Authority. It took about 6-7 years for the Authority to notice the lacunae in the procedure followed by them, despite various litigations.

The damage has already been done to the genuine parties concerned, who failed to file oppositions due to publication of unconfirmed DUS characteristics in Plant Variety Journal of India. What is the remedy to the damage done to the parties concerned is yet to be addressed by the Hon’ble PPV&FR Authority.

The Authority has to address various other issues related to plant varieties registrations, at the earliest in order to avoid unwarranted litigations caused due to present flaws in functioning of the Authority / Registry. I hope the Authority realizes various procedural flaws and addresses them as well.

Note: For further information & clarifications related to post, please send mail to: onkar.singh9999@gmail.com

Plant Genome Savior Community Award

India has enacted the Protection of Plant Varieties and Farmers’ Rights Act in 2001 for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new plant varieties. Keeping in view the past, present and future contributions of the farming communities in agro-biodiversity conservation, the Act recognizes and rewards such communities. For this purpose, the Authority has recognized and rewarded large number of individual farmers and farming communities who are engaged in agriculture for generations, in conserving agro-biodiversity and their contribution in the development of improved varieties went unnoticed. This reorganization and reward made for unsung heroes who have made important contribution towards advancement of Indian agriculture.

Authority has given 'Plant Genome Savior Community Recognition' certificates to 9 farmer’s communities during the year 2007-08 and 2008-09.

In the year 2007-08 recognition certificates were given to;

(1)Rung Bhotiya Farmers' Community, Pithoragarh, Uttrakhand for low gluten wheat germplasm

(2) Sh B Pradeesh & others, Pallakad, Kerala for Kunju kunju rice land races.

(3)Panchbati Gramya Unayana Samiti, Koraput, Odisha for conservation of rice landraces and also sharing these with scientists for use in their crop improvement programme.

(4)Sh Sundaram Verma, Sikar, Rajasthan for excellent work done for conservation of traditional varieties of pearl millet, chickpea & cumin.

(5)Swathi Samudaya Beej Bank, Tumkur, Karnataka for selection and conservation of white seeded horsegram.

In 2008-09 recognition certificates were given to:

(1)Vrihi Beej Binimoy Kendra, West Bengal for conservation of 550 rice land races.

(2)Farming and Tribal Communities of Jharkhand, Ranchi for conservation of 19 rice landraces having unique resistant gene against Bacterial Leaf Blight.

(3)Sh P Narayanan Unny, Pallakad, Kerala for conservation of Navara rice landraces.

(4)Kuruchiya and Kuruma Tribal Communities, Wayanad, Kerala for very good work done for conservation of rice land races with drought tolerance and medicinal properties.

After a series of meetings with experts, the Authority in consultation with Govt. of India has now finalized the modalities and criteria for “Plant Genome Savior Community Award”. A maximum of five awards per year was constituted and only two awards were given for 2009-10. The award consists of Rs 10 lakhs in cash, a citation and a memento. The selection of awardee (s) is done by a national level committee. Brochure of the Plant Genome Savior community award can be seen (here) and details of award (here).

As decided, the awards were given to two farming communities representing small / marginal farmers and men and women of tribal / rural areas located in agro-biodiversity hotspots of the country. The awards were given to representatives of the Kapotgiri Nandiveerimath Seva foundation and Panchabati Gramya Unayana Samiti on 16th July, 2011. The award were awarded by Hon’ble Prime Minister of India, Dr. Manmonhan singh and presented by Shri Sharad Pawar, Hon’ble Union Minister of Agriculture & Food Processing Industries, Government of India. Citations of Plant Genome Savior Community Award 2009-10 can be seen here.

Kopatgiri Nandiveerimath Seva Foundation was awarded in recognition of their contribution towards the conservation and documentation of rare and endangered medicinal plant species in Kopatgiri hills, Gadag, Karnataka. Shri M.P.Shivakumar Mahaswamigalu, Founder President, along with the members of his foundation received the award.

Panchabati Gramya Unayana Samiti was awarded for their outstanding contribution in conservation of traditional land races of rice in Koraput region of Odisha. Shri Surendra Pradhani, Secretary, along with the samiti members received the award.

Authority has invited application for Genome Savior Community Award for the year 2010-11.Detail of advertisement can be seen (here). There shall be maximum of five awards. Application should be filled in prescribed format in language either in English(here) or Hindi(here).Duly filled application should reach the Registrar (Farmer Rights), Protection of Plant Varieties and Farmers’ Rights, S-2, A-block, NASC Complex, DPS Marg, Opposite Todapur Village, New Delhi-110012 on or before 30^th April, 2012. Application received after this date will be automatically treated for next year 2011-2012 awards.

Note: For further information & clarifications related to post, please send mail to:onkar.singh9999@gmail.com

Popularization of New varieties: Standing Committee Decision

Ministry of Agriculture, Government of India has constituted a Standing Committee of Seed Producers under the Chairmanship of Additional Secretary (Seeds) of this Ministry. The Committee is represented by officers of the Ministry, Indian Council of Agricultural Research (ICAR), national and state level Seed Corporations as well as stakeholders from the private sector.

The mandate of the Committee was to coordinate the efforts of different agencies for effective demand and supply mechanism and availability of seeds of various crops and varieties throughout the country. First and Second Meeting of this committee were held on 23.09.2011 and 28.12.2011 respectively, at New Delhi. During the aforesaid two meetings, major decisions that were arrived at are;

1. New procedure for breeder seed indent and lifting.

2. Seed Rolling Plan.

3. Popularization of new varieties.

4. Discouraging old varieties of more than l0 years by phasing out the subsidy gradually over a period of three years by reducing it to 50%, 25%, 25% in the 1^st Year, 2^nd Year and 3^rd year respectively and completely removing it during the fourth year.

5. Procurement of seed through tender by the State Government -need for formulation of a uniform procedure.

These are major decisions affecting entire seed chain starting from Breeder Seed Indent to Certified/Quality seed production and distribution. Comments were invited to be sent to ministry up to 20.02.2012, for its adoption and implementation during 12^th five year plan.

Some steps are also decided for Popularization of new varieties:

i. Department of Agriculture & Co-operation(DAC) may request the state for taking up extension work with the help of SSC, SAU’s, KVKs, State Seed Farms, and Private Seed Producers by using the funds under the schemes ATMA of GOI.

ii. Data base for performance of new varieties under minikits should be collected by respective seed supplying agencies and KVKs.

iii. Based on the performance of the variety in the demonstration, seed producers (public and private) will take up the seed production.

iv. DAC may request ICAR for suggestions for popularizing new variety/hybrid for increasing its production and phasing out old varieties in future.

The Protection of Plant Varieties & Farmers Rights Act of India is effective since 2006 with a main objective of, establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plant. The decision taken by agriculture ministry is to encourage development of “New varieties” of plants, and is in line with objective of Protection of Plant Varieties & Farmers Rights Act, 2001.

Awareness cum Training Programme on Plant Variety Protection, India

As per the new article here two-day national seminar on “Farmers’ Rights - Current and Emerging Trends”, was organized on 12^th to 13^th March 2012 by the Centre for Law and Agriculture at National University of Advanced Legal Studies (NUALS), Kochi.

The various sessions of seminar were addressed by eminent speakers like Dr. Balakrishna Pisupati, Chairman National Biodiversity Authority, Dr. R C Agrawal Registrar- General Protection of Plant Varieties and Farmers’ Rights Authority, Dr. Suman Sahai Gene Campaign, Mr. Jacob Joseph Honorary Director Centre for Law and Agriculture, NUALS and many more.

In keynote address by Dr R C Agrawal, has urged the legal fraternity and institutions of legal learning to reach out to the farmers and build their capacity in comprehending the scope of the rights provided by legislation.

Dr.Balakrishna Pisupati while addressing session said “There is a need for more clarity on the scope of linkages between the National Biodiversity Authority, Protection of Plant Varieties and Farmers’ Rights Authority in the realm of access and benefit sharing”. He also exhorted the legal fraternity to consider the challenges while carrying out any research which invariably applies even to farmers’ rights. He further urged the fraternity to address the critical issues and challenges faced by implementing authorities and to suggest effective solutions for the same.

It is to inform readers that both the acts i.e. the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and the Biological Diversity (BD) Act, 2002 have provisions for benefit sharing. There are some more provisions in both Acts and Rules thereof which are interlinked, like Section 6(3) & 6(4) of BD Act are interlinked with Rule 37 (3) of PPV&FR Rules.

It is important to appreciate the efforts of PPV&FR Authority, various academic institutions and NGO’s which are playing key role in creating awareness about PPV&FR Act and its provisions. These kinds of awareness activities will surely help to the students, academics, technical persons and ultimately our farmer community.

I take this as an opportunity to inform our readers that the Directorate of Sorghum Research is organizing a “Awareness cum Training Programme on Plant Variety Protection and DUS Testing” on 21^st March 2012 at the DSR Conference Hall, Hyderabad to create awareness on Plant Variety Protection and the importance of DUS Testing under the sponsorship of the PPV&FRA, New Delhi.

The registration fee for the training is Rs.1500/-. The registration fee may be paid in cash during the registration or through DD drawn in favour of “ICAR Unit, DSR” payable at Hyderabad.

Interested persons may please send their nominations on or before 17^th March 2012 to:

Dr M Elangovan, Senior Scientist

Directorate of Sorghum Research (DSR)

Rajendranagar

Hyderabad 500030, Andhra Pradesh

E-mail: elangovan@sorghum.res.in

Mobile: 09848161434

Yet another Concern – PPV&FR Act, 2011

Dear Friends,

In continuation with my previous post dated 26^th Dec 2010, I had pointed out flaw in publication of gazette notification S. O. 2883(E) dated 2nd December 2010, notifying registration of 11 crops for registration “not being extant varieties and farmers’ varieties”.

Yet another Gazette Notification is issued by the Protection of Plant Varieties and Farmers’ Rights Authority S.O. 1913 (E) dated 18th August, 2011, notifying 9 crop- species eligible for registration. The 9 crop species namely Coconut, Sadabahar/Periwinkle, Brahmi / Indian pennywort, Rose, Isabgol /Blond Psyllium, Pudina/ Menthol/ Mint and 3 species of wheat.

One concern that came to my mind after going through the recent Journal i.e. the Plant Variety Journal of October 2011 was that if the Gazette notification was issued way back on 18^th August 2011, then why was the same not uploaded in the download section of the official website of the Protection of Plant Varieties and Farmers’ Rights Authority of India, where other such gazette notifications were usually uploaded. Also, the other thing to notice here is that, why the Registry had not published the Public Notice informing about the said gazette in the Plant Variety Journal of September 2011 rather than publishing it in the recent October Journal.

These lacunae in the working of Plant Variety Authority and Registry raise serious concerns both in the perspective of Seeds Industry and Indian Farmers’. Why is this sluggish and irresponsible approach adopted by the Authority and Registry in its working? There is already a serious concern for protection of Farmers’ rights and protection of Farmers’ varieties in India. Though the Act provides for various liberties to Farmers’, but are these implemented in the real world. If the sluggish approach by the Registry / Authority continues in the same manner it would lead to a grave situation for farmers who will lose all rights on the varieties developed by them. As the information hardly reaches the farmers well in time or sometimes not at all, because the only source of information about publication of the varieties and other such public notifications are the Plant Variety Journals which are circulated on subscription. Too best of my knowledge and belief, hardly any individual farmer or even group of farmers would have subscribed for these Journals.

In my view a lot more has to be done on part of the Authority to bring speedy the process, leave the casual approach and most important to take suitable steps for wide circulation of the Plant Variety Journals in the form of newspapers, magazines or other such means.

Nuziveedu's Plea Accepted_ Jurisdiction Aspect of PPV&FR Act

Dear readers, in a recent order dated 25th July 2011the Hon’ble High Court of Andhra Pradesh has accepted the plea of M/s Nuziveedu Seeds Pvt. Ltd. that the matters related to PPV&FR Act, All India Jurisdiction. Full article in the matter as published in the Times of India can be assessed here.

There are various matters pending with the High Court of Andhra Pradesh out of these various matters 3 had been dismissed based on territorial jurisdiction aspect. Now, as in the present matter the appeal has been admitted by the division bench of the High Court comprising of Chief Justice Nisar Ahmad Kakru and Justice Vilas Afzalpurkar, it would be interesting to see if the matters could be decided by other Courts, or if only Delhi High Court is the only way out.

Implementation of Indian PPV & FR Act and Rules: Inadequacies leading to avoidable litigations

Dear Readers, I would like to draw your attention towards the manner in which the PPV&FR, Act is being implemented in our country. I with my team did an extensive research on the subject and thus, gave it the shape of a research paper or manuscript for an easy understanding of the same. The full article can be accessed from the attached link. The abstract is pasted here for your views and comments.

"The Indian Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act has now been a decade old and post PPV&FR implementation implications are now clearly visible. The shortcomings and inadequacies in the Act and the Rules are a matter of grave concern to the seed industry in particular and Indian agriculture in general and the inadequacies in the PPV&FR Act, Rules and implementation need to be addressed and resolved, by the Central Government and the PPV&FR Authority in order to meet the objectives enshrined in the Act. These inadequacies are seen in terms of slow-moving approach for database maintenance of existing varieties, notification of crop species eligible for registration, duration and effect of registration of extant notified varieties and varieties of common knowledge, ambiguity in parent line and hybrid registration under new variety and/or extant variety category, powers of the Registrar, advertisements published in Plant Variety (PV) Journals, registration of transgenic varieties, parent lines etc. This paper highlights the issues that need to be resolved to avoid misuse of the Act and thereby unwarranted litigations."

Farmer’s varieties are waiting to file under PPV &FR Act, 2001

This blog post is my personal analysis view about an article published (here). Our readers must be aware that Orissa is known as “treasure house of paddy”. According to a survey conducted by the Orissa government in 1970s found around 1,700 varieties of paddy in Jeypore area of Koraput district, Orissa. Agriculture officials of Orissa believe that around 1,000 varieties have already vanished since the last survey was done in the Seventies. Of the remaining, some could be duplicates and finally conservative estimate record is about 300 varieties.

The Orissa government is planning to facilitate the interest of farmers by applying for registration of almost 300 traditional varieties of paddy under the Protection of Plant Varieties and Farmers' Right Act, 2001 to Plant Varieties Registry

Director of Agriculture, R S Gopalan, said, "We plan to launch a campaign from mid-February to collect sample seeds of traditional varieties, identify and confirm them through morphological characteristics." Mr. Gopalan has requested to farmers, act as facilitators and inform officers about traditional varieties in the area and If possible, provide seed samples of five kg.

I would like to inform the readers that Orissa University of Agriculture and Technology is recipient of seven paddy Varieties by PPV&FR Authority. Subsequently, OUAT has issued notices with regards to breeder rights (here) and (here). Add to the information, Central Rice Research Institute (CRRI) is also located in Cuttack, Orissa. One of the objectives of CRRI is to conduct basic, applied and adaptive research on crop improvement and resource management for increasing and stabilizing rice productivity in different rice ecosystems. The M S Swaminathan Research Foundation also has a branch in Jeypore, and some central and state government organization may extend their support in this regard.

Agriculture minister, Damodar Rout said that "Many of the traditional paddy varieties have unique characteristics not possessed by popular high-yielding varieties”.

Views:

Does all the above varieties can qualify as farmer’s varieties?

According to Section 2 (l) of PPV&FR Act, defines “farmers’ variety” as a variety which (i) has been traditionally cultivated and evolved by the farmers in their fields; or

(ii) is a wild relative or land race or a variety about which the farmers possess the common knowledge;

As, the above article stated that all the above varieties are traditionally cultivated since 1970, if it is documentary supported then said varieties fits well in the frame of farmer’s variety.

What is the time limit of filing?

According to the gazette notification, issued by Central Government, Ministry of Agriculture on 1^st Nov, 2006 (here) which notifies the 12 crops genera and species eligible for registration (Paddy is one of them). According to rule 24 of PPV&FR Rules-2003, the farmer variety comes under the Extant variety category. Hence, the application for registration shall be file within three year from the date of said gazette notification.

What will happen? If the time limit for filing the application (three years from the date of notification) has been elapsed according to above mentioned gazette? As the year 2011 is running.

Central Government has amended (here) the rule 24, especially in context of farmer variety in Oct 2009, before expiration of said period. The amendment extends the time up to five year from the date of notification or may be more than that. Hence farmers are entitling for file the application.

What will be the protection period for the farmer’s varieties, if registered?

According to the section 24(6), the total period of validity shall not exceed fifteen years from the date of registration. Hence farmer’s variety can get protection period fifteen years from the date of registration.

I hope that most of the farmer’s varieties will be applying for registration to PPV&FR Registry, and get registration certificates at the earliest. It will assist in the farmers social- economic condition.