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Plant
Breeders
Rights - Plant varieties arc generally protected in several countries (not in India) through plant breeders right (PBR) or plant variety rights (PYR). Through these rights, further propagation of the variety is restricted.
Under the existing convention due to International Union for the Protection of New Varieties (UPOY), the breeders right does not prohibit the farmer from reuse (plantback) of farm saved seed of a variety from his own harvest for planting another crop.
Furthermore, the protected plant variety can be freely used as a plant genetic resource for the purpose of breeding other varieties. Since the revised UPOV convention extends PBR to cover the reuse, countries arc now free to extend PBR, to cover the reuse of seed, so that farmers in such a case, can not use his own seed without paying a royalty to the PBR holder.
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However, most countries are expected to limit the PBR with regard to farmers plant back, although a farmer can not sell the seed. Enforcement of such rights as above, in case of freely reproducible material, is only possible with large holdings of land, as in case of plantations or in very large farms, and in case of high value cash crops (e.g. cashew, species, medicinal plants, etc.).
Even in these cases, infringements are difficult to prove. When patent or plant breeders rights arc not available for true breeding crop varieties, plant breeder (particularly private plant breeder in developed countries like Germany) may feel tempted to focus their efforts on developing hybrid varieties.
Because hybrids do not breed true and give higher yields, no one would raise a crop from harvested seed that will give reduced yield. Thus hybrid varieties may give to the plant breeder an advantage, which is equivalent to intellectual property protection.
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PBR has analogies to patents, but there arc also important differences. Rights are granted for a limited period (usually 20 years) to the breeder. Breeder seeking PBR can not seek exclusive rights for a unique feature of his variety, although under patent this is allowed. For instance, a breeder of the first blue rose can not monopolize blue colour of rose.
It will be open to other breeders to breed and protect blue roses, which are distinct from the first variety having blue roses. A protected variety must fulifl some requirements. It should be
(i) new,
(ii) distinct,
(iii) uniform and
(iv) stable.
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New means, the variety should not have been previously exploited commercially. Distinct means, it should he dearly distinguishable from all other varieties known at the date of application for protection. Uniform means that all plants of the variety should he sufficiently uniform. Stable means that the variety can be reproduced and multiplied without losing its characteristics and uniformity.
In India, new crop varieties are bred at state Agriculture Universities and at state Departments of Agriculture. The seed of new crop varieties flows freely to farmers and to the private compal1ies and no royalty is payable. This really encouraged farmers, in the past, to grow new varieties leading to green revolution.
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Imposition of PBR in India will lead to the following problems:
(i) the cost of seed will increase;
(ii) there will be delay in the spread of a new variety to the farmers;
(iii) the benefit of new varieties will be restricted to a small segment of farmers.
If multinational companies are allowed in India to invest in seed research and development, they will have monopoly through PBR. The farmer will not be allowed to export or supply seed multiplied by him to other farmers. This may not be in the interest of Indian Agriculture at least for many yeast to come.
In the present circumstances, for India, following options are available:
(i) uniform patenting of all inventions including plants;
(ii) patenting of plants not obligatory, hut plant breeders rights (PBRs) obligatiory;
(iii) complete exclusion of plant varieties from any form of IPR.
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The third option allows the present practice to continue, where complete freedom for introduction and promotion of new varieties is allowed. This option seems to be the best for Indian Agriculture all east for the time being although there is considerable pressure from developed countries to accept some form of IPR. It is possible, that India may have to introduce some sort of PBR for crop varieties. This will encourage private companies to enter plant breeding programmes.
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