Open-Source Seeds Movement

Subject : Economy

Section:

Concept :

As public sector breeding declined and the private sector began to dominate the seed sector, the need for alternatives became keenly felt to safeguard the plant varieties and indigenous seeds.

Background

Farmers have innovated and shared seeds without any intellectual property rights (IPR) claims for centuries.
Farmers also haven’t sought exclusive rights over seeds and germplasm to prevent others from innovating on the seeds.
In 1999, a Canadian plant-breeder named E. Michaels suggested an approach to seeds based on the principles of open source software.
Seed movement is required to provide proper rights to the plant breeders.

Open -Source Seed

An open-source crop variety is one that is not restricted by plant patents or other proprietary limitations used by F1 hybrids and crops of CMS and GMO technologies.
The open-source seed movement affirms that plant genetics and their physical traits cannot, and should not, be owned by individuals or corporations.
In other words, plants should never be privatized or restricted because they are a collective resource.
The genetics of open-source seeds are protected and pledged to forever remain in the public domain.
The Open Source Seed Initiative simply asks for a pledge, that an individual won’t “restrict others’ use of these seeds or their derivatives by patents or other means, and to include this pledge with any transfer of these seeds or their derivatives”.

State of such Initiatives in India

Open Worldwide, the number of seed firms using open source models and the crop varieties and seeds made available there under is small but growing. India is yet to test and adopt it widely.
Under the Plant Variety Protection and Farmers’ Rights Act (PPVFRA) 2001, farmers can register varieties as ‘farmer varieties’ if they meet certain conditions, and have the right to reuse, replant, and exchange seeds.
However, they can’t breed and trade in varieties protected under the Act for commercial purposes.
Using the open source approach here will enable farmers to gain more rights over germplasm and seeds and facilitate innovation. So there is a need to test this approach with farmers and the three FPOs can take the lead.

How is Intellectual Property protected in agriculture?

In effect, there are now two forms of IPR protection in agriculture: plant-breeders’ rights and patents.
Traditionally, farmers and cultivators have innovated and shared seeds without any intellectual property rights (IPR) for centuries.
However, the advent of hybrid seeds and advancements in scientific plant-breeding have led to the grant of plant breeders’ rights (PBR) and patents.
As per PBR and patents regime, rights-holders can demand royalty on seeds and legally enforce intellectual property rights (IPR) and in the case of a few regimes, rights-holders can also limit the unauthorised use of such seeds.
Together, they restrict farmers’ rights and the freedom to develop new varieties using germplasm from IP-protected varieties. They have thus further consolidated the seed sector and increased the number of plant varieties covered by IPRs.
The high prices of genetically modified seeds and IP claims triggered many problems, including the State’s intervention on Bt cotton seeds in India.
As public sector breeding declined and the private sector began to dominate the seed sector, the need for alternatives became keenly felt.
This is when the success of open-source software inspired a solution. In 1999, a Canadian plant-breeder named T.E. Michaels suggested an approach to seeds based on the principles of open-source software.

Concerns associated with IPR protection in the agriculture sector

There are mainly two modes of IPR protection in agriculture namely plant-breeders rights (PBR) and patents.
These modes of IPR protection have restricted the rights of the farmers and the freedom to develop new varieties using germplasm from IP-protected varieties.
Further, the high costs and prices associated with genetically modified seeds and IP claims have given rise to various problems and issues which have led to the State’s intervention in Bt cotton seeds in India.
Also, the IPR regime in agriculture has led to the decline of public-sector breeding and the domination of private companies in the seed sector.