OPEN SOURCE SEEDS

OPEN SOURCE SEEDS

CONTEXT

• Farmers have innovated and shared seeds without any intellectual property rights (IPR) for centuries.
• They also haven’t sought exclusive rights over seeds and germplasm to prevent others from innovating on the seeds.
• However, with the emergence of the global IPR regime over plant varieties, there was a dire need to ‘open-­source’ seeds.

ABOUT SEEDS

There are four generally recognized classes of seeds. They are

• Breeder seed
• Foundation seed
• Registered seed
• Certified seed

• Breeder seed : This is also hundred percent physical and genetic pure seed for production of foundation seed. A golden yellow colour certificate is issued for this category of seed by the producing breeder.
• Foundation seed : The progeny of breeder seed produced by recognized seed producing agencies in public and private sector, under supervision of seed certification agencies in such a way that its quality is maintained according to prescribed field ad seed standards. A white colour certificate is issued for foundation seed by seed certification agencies.
• Registered seed : Registered seed shall be the progeny of foundation seed that is so handled as to maintain its genetic identity and purity according to standard specified for the particular crop being certified. A purple colour certificate is issued for this category of seed.
• Certified seed : The progeny of foundation seed produced by registered seed growers under supervision of seed certification agencies to maintain the seed quality as per minimum seed certification standards. A blue colour certificate is issued by seed certification agency for this category of seed.

ABOUT PLANT BREEDER’S RIGHTS

• The advent of hybrid seeds, scientific plant­ breeding, and some other factors conferred developers of new varieties with the so called plant breeders’ rights (PBR) and patents, particularly in the U.S.
• In this regime, rights­ holders could demand royalty on seeds and legally enforce IPR.
• In some national IPR regimes, rights­holders can also restrict the unauthorised 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.
• This consolidation of rights in the seeds sector raised concerns about the freedom to innovate.

OPEN-SOURCE SEEDS

• Within the field of seeds and seed production, open-source refers to genetic varieties of seeds that can be freely used and modified (e.g.through cross-breeding).
• Open source seed preserves the farmer’s right to save, replant, share, breed, and sell seed.
• It is this fundamental right that is now being eroded as transnational seed companies push for restrictive seed laws and intellectual property rights. Likewise, the seeds are protected from privatization.

• In 2002, Boru Douthwaite and I (independently) proposed an open­-source model for seeds and plant varieties and scholars and civil ­society members built on it.
• The German NGO Agrecol followed with a similiar initiative in Europe.
• In Agrecol’s model, the user agrees inter-alia to not patent seeds bought under the open­source licence.
• In the U.S., the open source seeds initiative opted for a pledge based model for sharing seeds.

APPLICATION OF OPEN SOURCE APPROACH

• One potential application of the open-­source approach is to use it in farmer ­led seed conservation and distribution systems.
• There are many traditional ­variety conservation and sharing initiatives in India involving farmers.
• Many of them focus on traditional varieties that are unique to specific regions or sites and/or have specific features.
• 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.
• Open­source principles can help overcome these two challenges by facilitating testing, improvisation, and adoption.

CASE OF INDIA

• In India, the Centre for Sustainable Agriculture (CSA), Hyderabad, developed a model that included an agreement between CSA and the recipient of the seed/germplasm.
• It is trying to use this approach through three farmer producer organisations engaged in seed production.
• 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.

WAY FORWARD

• This open-source approach will ultimately be beneficial to India’s food security and climate resilience.
• The open­ source approach in the seeds sector will also lead to farmer ­led seed conservation and distribution systems.

Sylllabus: MAINS, GS-3, INDIAN ECONOMY & AGRICULTURE

SOURCE : THE HINDU