Introduction
Systematic breeding of crop varieties and plants started in the 18th century when humans selected and kept seeds or plants of certain species, ensuring food security. Over time, breeding of these plants began to grow with innovations done by the farmers. In the 20th century, the rediscovery of Mendel’s laws contributed to establishing the scientific basis of plant breeding and genetics. It takes around 3 to 10 years continuously to develop a variety of a crop or a plant. However, once it arrives on the market, it can be reproduced much faster and easier. It might lead to the exploitation of the breeders and the variety for commercial benefits. This situation deprives the actual breeder to benefit adequately for the investment and tireless efforts he/she had made in the development of the variety. Therefore, it is crucial to devise an effective system to protect these plant varieties and protect the breeders’ interests.
Global Organisations for Protection of Plant Varieties
- International Union for the Protection of New Plant Varieties (UPOV)
The International Union for the Protection of New Plant Varieties with headquarters at Geneva, Switzerland, also known as the UPOV, was established at the first International Convention for the Protection of New Plant Varieties, held in 1961 in Paris, France. Later, the convention was revised in Geneva in 1972, 1978, and 1991 respectively. The mission is to provide and promote an effective plant variety protection system to encourage new varieties of plants to benefit the society. The UPOV Convention acts as a support system to promote plant breeding by granting an intellectual property right to new plant varieties (also called breeder’s right). In the breeder’s right protected variety, the breeder’s authorization is mandatory to propagate the variety for commercial purposes. The individual UPOV members grant the breeder’s right. Only the breeder of the variety concerned has the authority to protect new plant variety. There are no such limitations on who can be considered a breeder. He/she might be an individual, a farmer, a researcher, a public institute, a private company, etc.
2. Community Plant Varieties Office (CPVO)
The Community Plant Varieties Office was established in Angers, France (1994). It is a European agency responsible for granting various rights and managing various rights systems in 27 Member States in Europe. Till present, it has received over 53,000 applications, and it has granted over 41,000 titles to protect the plant variety. This office’s primary goal is to deliver and promote an efficient IPR system that supports creating new plant varieties for society’s welfare.
3. International Association of Breeders of Asexually Reproduced Ornamental and Fruit Varieties (CIOPORA)
The International Association of Breeders of Asexually Reproduced Ornamental and Fruit Varieties (CIOPORA) in Geneva, Switzerland, is an NGO with several members of private breeders and companies. This organization’s main objective is to make the members aware of the problems concerning protecting their developed varieties’ rights and improving their knowledge.
The organizations mentioned above are just a few examples of the various organizations, NGOs established in several countries and states for the Protection of Plant Varieties as Intellectual Property of the breeders.
Protection of Plant Varieties as Intellectual Property in India
After India became a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994, it was essential to formulate legislation as per Article 27.3(b) of this agreement. It also required the member countries to protect plant varieties either by patents or by an effective sui generis system. India opted to make new legislation unique of its kind for this purpose. Even though India had passed the Indian Patent Act in 1970 itself, agriculture and horticulture were excluded from this Act. Hence, India’s Government passed legislation known as ‘Protection of Plant Varieties and Farmers’ Rights Act, 2001′. This Act was developed by integrating the rights of breeders, farmers, village communities, and equitable sharing of benefits. This Act includes all the categories of crops, including field crops, horticultural crops, etc. A farmer has the right under this Act to save, use, sow, re-sow, exchange, share or sell his farm produce, including seed of his protected variety. Researchers may have access to the protected varieties for bonafide research purposes. This Act is currently functional in India with satisfactory results. It has successfully protected many plant varieties and has protected the breeders’ intellectual property rights and these varieties’ farmers.
CO-AUTHORED BY
NEERAJ SINGH NEGI
PhD-3rd Year
Indian Agricultural Research Institute, New Delhi