Intellectual Property Rights in India

What is the Open-Source Seeds Movement?

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Plant Breeders' Rights, Open Source Seeds

Mains level: Not Much

seed

Central idea

  • The article discusses the concept of open-source software and its parallels with open-source seeds.
  • Richard Stallman pioneered the Free Software Movement and developed the General Public License (GPL) to protect users’ rights and prevent code misappropriation.
  • Farmers have been innovating and sharing seeds without intellectual property rights (IPR) claims for centuries.

Backgrounder: Plant Breeders’ Rights

  • Plant breeders’ rights (PBR) granted exclusive rights to breeders and developers of new varieties.
  • Farmers’ rights were limited under this regime.
  • The TRIPS agreement established a global IPR regime over plant varieties.
  • The consolidation of the seed sector raised concerns about the freedom to innovate.

Forms of IPR Protection in Agriculture

  • There are now two forms of IPR protection in agriculture: PBR and patents.
  • Together, they restrict farmers’ rights and the freedom to develop new varieties.
  • The use of genetically modified seeds and IP claims triggered many problems, including State intervention on Bt cotton seeds in India.
  • The decline of public sector breeding and the dominance of the private sector in the seed sector increased the need for alternatives.

What are Open Source Seeds?

  • The success of open-source software inspired a solution for seeds.
  • In 1999, a Canadian plant breeder named T.E. Michaels suggested an approach to seeds based on the principles of open-source software.
  • In 2012, Jack Kloppenburg launched the Open Source Seeds Initiative (OSSI) in Wisconsin.
  • Agrecol launched another initiative in Europe, and similar programs have come up worldwide.

Open Source Seeds Initiatives in India

  • In India, the Hyderabad-based Centre for Sustainable Agriculture (CSA), part of the Apna Beej Network, developed a model incorporated into an agreement between CSA and the recipient of the seed/germplasm.
  • CSA’s Open Source Seeds Initiative uses a contracts approach similar to Agrecol’s strategy.
  • The number of seed firms using open-source models and the crop varieties and seeds made available thereunder is small but growing.
  • India is yet to test and adopt it widely.

Potential Applications of Open-Source Seeds

  • Open-source principles can help promote farmer-led participatory plant-breeding exercises.
  • Traditional varieties often lack uniformity and aren’t of excellent quality, but open-source principles can facilitate testing, improvisation, and adoption.
  • Open-source principles can be used in farmer-led seed conservation and distribution systems.
  • The government and other stakeholders can consider adopting this approach to more widely adopt traditional varieties.

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