Intellectual property rights (IPR) in agriculture refer to the legal protection granted to plant varieties and seeds. There are two forms of IPR protection in agriculture: plant-breeders’ rights (PBRs) and patents. Under this regime, rights-holders can demand a royalty on seeds and legally enforce IPR. In some national IPR regimes, rights-holders can also restrict the unauthorized use of seeds to develop new varieties. In 1994, the establishment of the World Trade Organization cast a global IPR regime over plant varieties. The Trade-Related IPR Agreement (TRIPS) required countries to provide at least one form of intellectual property (IP) protection.
Problems with IPR Regime in Agriculture
The consolidation of rights in the seeds sector raised concerns about the freedom to innovate. Unlike the Green Revolution, which was led by public-sector institutions, the genetic revolution in agriculture was led by the private sector, with seeds mostly available as hybrids or protected by strong IPRs. Together, they restrict farmers’ rights and the freedom to develop new varieties using germplasm from IP-protected varieties. This has thus increased the number of IP-protected plant varieties.
Need for Open-Source Seeds
The high prices of genetically modified seeds and IP claims triggered many problems and issues, including the State’s intervention in 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, plant-breeder named T.E. Michaels suggested an approach to seeds innovation based on the principles of open-source software.
What are ‘Open-Source Seeds’?
Open-source seeds refer to a legal mechanism that allows farmers to exchange and share seeds freely. The user agrees inter alia to not patent seeds bought under the open-source license. In the U.S., the open-source seeds initiative opted for a pledge-based model for sharing seeds. Under India’s Plant Variety Protection and Farmers’ Rights Act 2001, farmers can register ‘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. This model will ultimately be beneficial to India’s food security and climate resilience.
Applications of Open-Source Seeds
One potential application of the open-source approach is to use it in farmer-led seed conservation and distribution systems. The model can also be used to promote farmer-led participatory plant-breeding exercises. Traditional varieties often lack uniformity and aren’t of excellent quality for seed development and breeding purposes. Open-source principles can help overcome these two challenges by facilitating testing, improvisation, and adoption.
Why In News
The consolidation of rights in the seed sector due to the global IPR regime has restricted farmers’ freedom to innovate and develop new varieties. Therefore, an urgent need for open-source seeds has arisen to promote diversity, innovation, and food security in agriculture.
MCQs about The Need for Open-Source Seeds in Agriculture
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What are the two forms of IPR protection in agriculture?
A. Plant-breeders’ rights (PBRs) and Patents
B. Trademarks and Copyrights
C. Trade secrets and Patents
D. Plant-breeders’ rights (PBRs) and Trademarks
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What did the establishment of the World Trade Organization in 1994 do?
A. It created a global IPR regime over plant varieties.
B. It restricted the use of seeds to develop new varieties.
C. It spearheaded the genetic revolution in agriculture.
D. It increased public-sector institutions in the seeds sector.
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What is the benefit of open-source seeds for India?
A. It will ultimately be beneficial to India’s food security and climate resilience.
B. It will decrease the number of IP-protected plant varieties.
C. It will increase the prices of genetically modified seeds.
D. It will restrict farmers’ rights.
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What is one potential application of the open-source approach?
A. To use it in farmer-led seed conservation and distribution systems.
B. To restrict the use of seeds to develop new varieties.
C. To increase the number of IP-protected plant varieties.
D. To promote the private sector in the seed sector.
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