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NEW SEED POLICIES, SEED BILL AND IPR
Issues
DR. S. N. VASUDEVAN
Associate Director of Research, ZARS, VC Farm, Mandya
Special Officer, College of Agriculture, Chamarajanagara
W
elcom
e
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PREAMBLE
Indian Agriculture has made enormous strides in the past 50
years, raising food grains production from 50 million tonnes to over
284 million tonnes.
Globalization and economic liberalization have opened up new
opportunities as well as challenges.
The seed sector has made impressive progress over the last three
decades.
The provision of an appropriate climate for the seed industry to
utilize available and prospective opportunities.
 Safeguarding of the interests of Indian farmers and the
conservation of agro-biodiversity
A regulatory system of a new genre is, therefore, necessary
which will encompass quality assurance mechanisms coupled with
facilitation of a vibrant and responsible seed industry.
3
POLICY INITIATIVES IN SEED SECTOR
Enactment of the Seeds Act, 1966
Seed Review Team-SRT (1968)
National Commission on Agriculture (1972)
Launching of National Seeds Programme (1975-85)
leading to the creation of State Seeds Corporations,
State Seed Certification Agencies, State Seed Testing
Laboratories, Breeder Seed Programmes
Seed Control Order (1983)
Creation of the Technology Mission on Oilseeds &
Pulses (TMOP) in 1986 (Integrated Scheme of
Oilseeds, Pulses, Oil Palm and Maize,ISOPOM).
Production and Distribution Subsidy
4
Distribution of Seed Mini-kits
Seed Transport Subsidy Scheme (1987)
New Policy on Seed Development (1988)
Seed Bank Scheme (2000)
Protection of Plant Varieties and Farmers Rights Act (2001)
National Seeds Policy (2002)
The Seeds Bill (2004)
Formulation of National Seed Plan (2005)
National Food Security Mission (2007)
Rashtriya Krishi Vikas Yojana (2007)
Introduction of OECD-seed scheme(2010)
Seed subsidy extended to private companies (2012)
5
ISSUES AND DEVELOPMENTS ON SEED POLICIES IN INDIA
Strengthening of Seed Quality Control
The Scheme aims at strengthening of quality control arrangements for
seeds to ensure that farmers get good quality seeds.
The Seeds Act, 1966 regulates the quality of seeds sold/distributed to
the farmers through voluntary certification and compulsory labelling of
seeds of notified kind/varieties.
Secretariat support to Central Seed Committee/Central Seed
Certification Board.
The scheme envisages strengthening of 15 Seed Testing Laboratories
and 10 Seed Certification Agencies during the Tenth Five Year Plan
period.
 As on date, 22 State Seed Certification Agencies and 101 Seed Testing
Laboratories are functioning in the country.
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Strengthening of Seed Development Organisations, State Seed
Certification Agencies and State Seed Testing Laboratories.
The development of human resources is of prime
importance for the development of seed sector in India.
It is proposed to organize the training in regular manner for
the officials who are engaged in seed development
programme with a view to achieve the aforesaid targeted
seed distribution.
Financial assistance to Central Seed Testing Laboratory
Central Seed Committee (CSC) and Central Seed
Certification Board (CSCB) were established .
Besides, two Central Sub-Committees namely; Central Sub-
Committee on Crop Standards, Notification and Release of
Varieties and State Seed Sub-Committees for Agricultural and
Horticultural crops were also established.
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ISOPOM (Integrated scheme on oil seeds, pulses, oil palm,
and maize)
Assistance provides: Full cost on purchase of Breeder seeds.
Rs. 1000/q for production of foundation seed and certified
seed.
Rs.1200/q or 25% of seed for certified seed distribution.
Full cost of seed minikits of HYVs (through NSC/ SFCI).
75% of cost with ceiling of Rs.7500/- for entire landholding
of farmers.
NSC, SFCI, NAFED and KRIBHCO asked to deliver seed
minikits to different states Department and Development of
Oilseeds Board, Hyderabad & NOVOD Board, Gurgoam
monitor the progress of supply.
Payment for Minikits by TMOP after submitting receipts
8
National Seed Policy, 2002
National Seed Policy was formulated in 2002 to raise Indias'
share in the global seed trade by facilitating advanced
scientific aspects such as biotechnology to farmers and in
March 2002, first transgenic Bt cotton was approved for
commercial cultivation in India.
The policy encourages private sector participation in
research and development of new plant varieties.
The rights empowered to various bodies for regulating the
quality of seeds produced, distributed and for providing
variety protection.
Promotion of seed village scheme to increase the
production and make available the seeds in time as well as
upgrading the quality of farmers' saved seeds
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Establishment of seed banks for ensuring supply in times
of calamity and storage facility at village level.
Establishment of a National Seed Board in place of Central
Seed Committee and Central Seed Certification Board to
undertake seed certification and advising Government on all
matters related to seed planning and development.
NSB will serve as the apex body in the seed sector
Setting up of National Seed Research and Training Centre
to impart training in seed technology.
Development of a National Seed Grid to provide
information on availability of different varieties of seeds
with production details.
10
THE SEEDS BILL, 2004
Registration of kinds and varieties of Seeds etc….
Evaluation of performance–
Compensation to Farmers–
Registration of Seed Producers & Processing Units–
Seed dealers to be Registered
Regulation of Sale of Seed and Seed Certification
Seed Analysis and Seed Testing
Export and Import of Seeds & Planting Material
Offences and Punishment
11
Quality assurance to farmers
spurious seeds
under performing seeds
non-performing seeds
Price Control
Share of seed in the cost of production
Increasing yields
Productivity
Quality of produce
12
Biotechnology Regulatory Authority Bill–
GM seed regulation
Field Contamination
•Legal procedures for seed/varietal contamination in the
fields
•Quality of produce
Protection of germplasm
Patents
Privatization of public varieties
13
Programmes and Schemes on seeds
Pilot scheme on Seed Crop Insurance
The Government of India’s PSSCI came into effect from Rabi 1999–
2000.
The objective was to provide a sense of financial security to seed
breeders and seed growers against failure of seed crops.
Seed village concept
A village, wherein trained group of farmers are involved in production 'of
seeds of various crops and cater to the needs of themselves, fellow
farmers of the village and farmers of neighboring villages in appropriate
time and at affordable cost is called "a seed village".
14
Seed Bank Scheme
 Implemented by Seed Division from 1999- 2000
with the objective to meet requirement of seeds during natural
calamities and unforeseen conditions.
Under this component, for maintenance of certified and foundation
seeds of identified crops, grants are provided for meeting 50% cost as
revolving funds for procurement of seed, maintenance cost and price
differential for leftover seeds as non seed are reimbursed.
Financial assistance is also provided for development of necessary
infrastructure for construction of seed storage as well as setting up of a
data bank and information system for facilitating faster flow of
information on the availability of seeds.
15
Transport subsidy on movement of seeds
This component covers North-Eastern States including
Sikkim, Jammu & Kashmir, Himachal Pradesh, Uttaranchal
and Hill Areas of West Bengal.
The component provides for 100% reimbursement of
difference between rail and road transportation cost is
allowed for the movement of seeds produced outside the
State
The actual cost, restricted to maximum limit of Rs. 60 per
quintal whichever is less for the movement of seed within
the State from State capital / district Headquarters to sale
outlets / sale counters.
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Assistance for Creation/Strengthening of Infrastructure
Facilities for production and distribution of quality seeds
Newly carved States, existing States, newly created State
Seeds Corporation and existing States Corporation including
NSC/SFCI etc.
 Assistance for creating facilities for seeds processing
plants, machineries for seed cleaning, grading, treating ,
packing and seed storage godown is proposed.
The assistance would be available in the form of grant for
specific purpose of creating infrastructure facilities
mentioned above only.
17
Boosting Seed Export
It is proposed to obtain the membership of
International Organizations like International Seed
Testing Association (ISTA) and to participate in the
Organization of Economic Cooperation and
Development (OECD) Schemes for the development
of Indian Seed Industry and promotion of export of
seeds:
18
Organic Seed Production
Certification / Regulatory mechanism
International
IFOAM-International Federation of Organic Agriculture Movements (an
international umbrella organization for organic organizations)
EU- European Union
National
NPOP – National Programme for Organic Production (National
Standard for Organic Production)
APEDA- Agricultural and Processed Food Products Export
Development Authority
State
KSSOCA – Karnataka State Seed and Organic Certification Agencies
(1st January, 2013)
19
INTELLECTUAL PROPERTY RIGHTS: ISSUES AND CONCERNS
HISTORICAL BACKGROUND
Great depression of 1930s of international trade
Many countries imposed restriction for their safe guards.
30 October 1947:23 countries signed on GATT.
To settle disputes regarding who gets what share of the world trade.
Enforced on 1st Jan 1948.
8th round: September 1986: Uruguay.
Mr. Arther Dunkel, then Director General compiled detailed document
known as DUNKEL PROPOSAL.
In this, namely, agriculture, service & TRIPs, were included.
15th April 1994: Morocco: 124 countries signed an accord to give rise
to WTO.
20
IPR DEVELOPMENTS IN INDIA
1947: Patents & Designs Act, 1911
1995: India joins WTO
1998: India joins Paris Convention/PCT
1999: Patent amendment provided EMR retrospectively from 1/1/95
2003: 2nd amendment in Patents Act
Term of Patent – 20 years after 18 months publication
Patent Tribunal Set up at Chennai
2005: Patents (Amendment) Act 2005
1999 – 2005: Plant Varieties and Farmers’ Rights Act & Biodiversity Act.
Designs, TM/Copyright Acts updated GI Registry set up at Chennai. IP
Acts TRIPS Compliant
21
Need of IPR
“Monetary profit is the most important, in most cases, the only
motive behind man’s relentless toil, inventiveness and ingenuity”.
With the advent of biotechnology one of issue is legal
characterization of the new invention.
It is created to protect the rights of individual to enjoy their
creations and invention.
Created to insure protection against unfair trade practices.
To assure the world a flow of useful, informative and intellectual
works.
To encourage the continuing innovativeness and creativity of
owners of IP.
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GEOGRAPHICAL INDICATIONS
It refers to an indication which identified such goods as
agricultural goods, natural goods or manufactured goods as
originating, or manufactured in the territory of a country, or a
region or locality in that territory,.
where a given quality, reputation or other characteristics of such
goods is essentially attributable to its geographical origin and in
case where such goods are manufactured goods one of the
activities of either the production or of processing or preparation
of the goods concerned takes place in such territory, region or
locality, as the case may be. (Source: Ministry of HRD)
It helps in protecting countries biodiversity assets,
It prevents the others from misleading the public and present
unfair trade practices for the goods that have their origin from a
particular, territory, region or locality.
32
PROTECTION OF PLANT VARIETIES AND FARMERS
RIGHTS ACT, 2001
Plant variety protection provides legal protection of
a plant variety to a breeder in the form of Plant
breeder’s rights.
Plant Breeder’s Rights are intellectual property
rights that provide exclusive rights to a breeder of
the registered variety.
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Seed policies (1)

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Seed policies (1)

  • 1. Presentation on NEW SEED POLICIES, SEED BILL AND IPR Issues DR. S. N. VASUDEVAN Associate Director of Research, ZARS, VC Farm, Mandya Special Officer, College of Agriculture, Chamarajanagara W elcom e
  • 2. 2 PREAMBLE Indian Agriculture has made enormous strides in the past 50 years, raising food grains production from 50 million tonnes to over 284 million tonnes. Globalization and economic liberalization have opened up new opportunities as well as challenges. The seed sector has made impressive progress over the last three decades. The provision of an appropriate climate for the seed industry to utilize available and prospective opportunities.  Safeguarding of the interests of Indian farmers and the conservation of agro-biodiversity A regulatory system of a new genre is, therefore, necessary which will encompass quality assurance mechanisms coupled with facilitation of a vibrant and responsible seed industry.
  • 3. 3 POLICY INITIATIVES IN SEED SECTOR Enactment of the Seeds Act, 1966 Seed Review Team-SRT (1968) National Commission on Agriculture (1972) Launching of National Seeds Programme (1975-85) leading to the creation of State Seeds Corporations, State Seed Certification Agencies, State Seed Testing Laboratories, Breeder Seed Programmes Seed Control Order (1983) Creation of the Technology Mission on Oilseeds & Pulses (TMOP) in 1986 (Integrated Scheme of Oilseeds, Pulses, Oil Palm and Maize,ISOPOM). Production and Distribution Subsidy
  • 4. 4 Distribution of Seed Mini-kits Seed Transport Subsidy Scheme (1987) New Policy on Seed Development (1988) Seed Bank Scheme (2000) Protection of Plant Varieties and Farmers Rights Act (2001) National Seeds Policy (2002) The Seeds Bill (2004) Formulation of National Seed Plan (2005) National Food Security Mission (2007) Rashtriya Krishi Vikas Yojana (2007) Introduction of OECD-seed scheme(2010) Seed subsidy extended to private companies (2012)
  • 5. 5 ISSUES AND DEVELOPMENTS ON SEED POLICIES IN INDIA Strengthening of Seed Quality Control The Scheme aims at strengthening of quality control arrangements for seeds to ensure that farmers get good quality seeds. The Seeds Act, 1966 regulates the quality of seeds sold/distributed to the farmers through voluntary certification and compulsory labelling of seeds of notified kind/varieties. Secretariat support to Central Seed Committee/Central Seed Certification Board. The scheme envisages strengthening of 15 Seed Testing Laboratories and 10 Seed Certification Agencies during the Tenth Five Year Plan period.  As on date, 22 State Seed Certification Agencies and 101 Seed Testing Laboratories are functioning in the country.
  • 6. 6 Strengthening of Seed Development Organisations, State Seed Certification Agencies and State Seed Testing Laboratories. The development of human resources is of prime importance for the development of seed sector in India. It is proposed to organize the training in regular manner for the officials who are engaged in seed development programme with a view to achieve the aforesaid targeted seed distribution. Financial assistance to Central Seed Testing Laboratory Central Seed Committee (CSC) and Central Seed Certification Board (CSCB) were established . Besides, two Central Sub-Committees namely; Central Sub- Committee on Crop Standards, Notification and Release of Varieties and State Seed Sub-Committees for Agricultural and Horticultural crops were also established.
  • 7. 7 ISOPOM (Integrated scheme on oil seeds, pulses, oil palm, and maize) Assistance provides: Full cost on purchase of Breeder seeds. Rs. 1000/q for production of foundation seed and certified seed. Rs.1200/q or 25% of seed for certified seed distribution. Full cost of seed minikits of HYVs (through NSC/ SFCI). 75% of cost with ceiling of Rs.7500/- for entire landholding of farmers. NSC, SFCI, NAFED and KRIBHCO asked to deliver seed minikits to different states Department and Development of Oilseeds Board, Hyderabad & NOVOD Board, Gurgoam monitor the progress of supply. Payment for Minikits by TMOP after submitting receipts
  • 8. 8 National Seed Policy, 2002 National Seed Policy was formulated in 2002 to raise Indias' share in the global seed trade by facilitating advanced scientific aspects such as biotechnology to farmers and in March 2002, first transgenic Bt cotton was approved for commercial cultivation in India. The policy encourages private sector participation in research and development of new plant varieties. The rights empowered to various bodies for regulating the quality of seeds produced, distributed and for providing variety protection. Promotion of seed village scheme to increase the production and make available the seeds in time as well as upgrading the quality of farmers' saved seeds
  • 9. 9 Establishment of seed banks for ensuring supply in times of calamity and storage facility at village level. Establishment of a National Seed Board in place of Central Seed Committee and Central Seed Certification Board to undertake seed certification and advising Government on all matters related to seed planning and development. NSB will serve as the apex body in the seed sector Setting up of National Seed Research and Training Centre to impart training in seed technology. Development of a National Seed Grid to provide information on availability of different varieties of seeds with production details.
  • 10. 10 THE SEEDS BILL, 2004 Registration of kinds and varieties of Seeds etc…. Evaluation of performance– Compensation to Farmers– Registration of Seed Producers & Processing Units– Seed dealers to be Registered Regulation of Sale of Seed and Seed Certification Seed Analysis and Seed Testing Export and Import of Seeds & Planting Material Offences and Punishment
  • 11. 11 Quality assurance to farmers spurious seeds under performing seeds non-performing seeds Price Control Share of seed in the cost of production Increasing yields Productivity Quality of produce
  • 12. 12 Biotechnology Regulatory Authority Bill– GM seed regulation Field Contamination •Legal procedures for seed/varietal contamination in the fields •Quality of produce Protection of germplasm Patents Privatization of public varieties
  • 13. 13 Programmes and Schemes on seeds Pilot scheme on Seed Crop Insurance The Government of India’s PSSCI came into effect from Rabi 1999– 2000. The objective was to provide a sense of financial security to seed breeders and seed growers against failure of seed crops. Seed village concept A village, wherein trained group of farmers are involved in production 'of seeds of various crops and cater to the needs of themselves, fellow farmers of the village and farmers of neighboring villages in appropriate time and at affordable cost is called "a seed village".
  • 14. 14 Seed Bank Scheme  Implemented by Seed Division from 1999- 2000 with the objective to meet requirement of seeds during natural calamities and unforeseen conditions. Under this component, for maintenance of certified and foundation seeds of identified crops, grants are provided for meeting 50% cost as revolving funds for procurement of seed, maintenance cost and price differential for leftover seeds as non seed are reimbursed. Financial assistance is also provided for development of necessary infrastructure for construction of seed storage as well as setting up of a data bank and information system for facilitating faster flow of information on the availability of seeds.
  • 15. 15 Transport subsidy on movement of seeds This component covers North-Eastern States including Sikkim, Jammu & Kashmir, Himachal Pradesh, Uttaranchal and Hill Areas of West Bengal. The component provides for 100% reimbursement of difference between rail and road transportation cost is allowed for the movement of seeds produced outside the State The actual cost, restricted to maximum limit of Rs. 60 per quintal whichever is less for the movement of seed within the State from State capital / district Headquarters to sale outlets / sale counters.
  • 16. 16 Assistance for Creation/Strengthening of Infrastructure Facilities for production and distribution of quality seeds Newly carved States, existing States, newly created State Seeds Corporation and existing States Corporation including NSC/SFCI etc.  Assistance for creating facilities for seeds processing plants, machineries for seed cleaning, grading, treating , packing and seed storage godown is proposed. The assistance would be available in the form of grant for specific purpose of creating infrastructure facilities mentioned above only.
  • 17. 17 Boosting Seed Export It is proposed to obtain the membership of International Organizations like International Seed Testing Association (ISTA) and to participate in the Organization of Economic Cooperation and Development (OECD) Schemes for the development of Indian Seed Industry and promotion of export of seeds:
  • 18. 18 Organic Seed Production Certification / Regulatory mechanism International IFOAM-International Federation of Organic Agriculture Movements (an international umbrella organization for organic organizations) EU- European Union National NPOP – National Programme for Organic Production (National Standard for Organic Production) APEDA- Agricultural and Processed Food Products Export Development Authority State KSSOCA – Karnataka State Seed and Organic Certification Agencies (1st January, 2013)
  • 19. 19 INTELLECTUAL PROPERTY RIGHTS: ISSUES AND CONCERNS HISTORICAL BACKGROUND Great depression of 1930s of international trade Many countries imposed restriction for their safe guards. 30 October 1947:23 countries signed on GATT. To settle disputes regarding who gets what share of the world trade. Enforced on 1st Jan 1948. 8th round: September 1986: Uruguay. Mr. Arther Dunkel, then Director General compiled detailed document known as DUNKEL PROPOSAL. In this, namely, agriculture, service & TRIPs, were included. 15th April 1994: Morocco: 124 countries signed an accord to give rise to WTO.
  • 20. 20 IPR DEVELOPMENTS IN INDIA 1947: Patents & Designs Act, 1911 1995: India joins WTO 1998: India joins Paris Convention/PCT 1999: Patent amendment provided EMR retrospectively from 1/1/95 2003: 2nd amendment in Patents Act Term of Patent – 20 years after 18 months publication Patent Tribunal Set up at Chennai 2005: Patents (Amendment) Act 2005 1999 – 2005: Plant Varieties and Farmers’ Rights Act & Biodiversity Act. Designs, TM/Copyright Acts updated GI Registry set up at Chennai. IP Acts TRIPS Compliant
  • 21. 21 Need of IPR “Monetary profit is the most important, in most cases, the only motive behind man’s relentless toil, inventiveness and ingenuity”. With the advent of biotechnology one of issue is legal characterization of the new invention. It is created to protect the rights of individual to enjoy their creations and invention. Created to insure protection against unfair trade practices. To assure the world a flow of useful, informative and intellectual works. To encourage the continuing innovativeness and creativity of owners of IP.
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  • 31. 31 GEOGRAPHICAL INDICATIONS It refers to an indication which identified such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory,. where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. (Source: Ministry of HRD) It helps in protecting countries biodiversity assets, It prevents the others from misleading the public and present unfair trade practices for the goods that have their origin from a particular, territory, region or locality.
  • 32. 32 PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001 Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant breeder’s rights. Plant Breeder’s Rights are intellectual property rights that provide exclusive rights to a breeder of the registered variety.
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