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Picture Courtesy: https://www.downtoearth.org.in/food/hearing-on-intellectual-property-rights-over-navara-rice-variety-postponed-following-objections
The Protection of Plant Varieties and Farmers' Rights (PPV & FR) Authority has postponed the final hearing in a farmer's intellectual property rights case involving the Navara, a traditional rice variety.
Navara is a medicinal rice variety that has been grown for over 2,000 years but is almost extinct due to factors such as a lack of pure seeds, low yield, high production costs, and the introduction of hybrid varieties.
It is rich in fats, proteins, and carbohydrates, it is often referred to as ''gold'' due to its incredible health benefits and availability in a few regions. It is beneficial to the immune system, pregnant women, and babies.
It is a unique grain plant in the Oryza group. It originated in the Palakkad (Palghat) district of Kerala, where it is considered endemic.
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The Oryza genus is a grass-related plant family that includes rice. |
Geographic indication status was granted in 2007.
It has religious significance and is sometimes used in temple ceremonies.
The dispute centres on the registration of Navara, a traditional rice variety, under the Protection of Plant Varieties and Farmers' Rights (PPV & FR) Act, 2001.
A farmer from Kerala, has applied to register two Navara paddy variants that he claims are unique to his farm.
Opponents argue that Navara is a shared traditional variety grown across Kerala for generations, and that registering it under one person's name may compromise the rights of other farmers.
Protection of Plant Varieties and Farmers' Rights Act, 2001 |
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Objectives |
To establish an effective system for protecting plant varieties, farmer and plant breeder rights, and encouraging the development of new plant varieties. |
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Rights of breeders |
Breeders have the exclusive right to produce, sell, market, distribute, import, and export the protected variety. They can also appoint agents or licensees and seek civil remedies if their rights are violated. |
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Rights of researchers |
Researchers may use any registered variety under the Act for experiments or research, including as the starting point for developing new varieties. However, if they want to use the registered variety repeatedly, they must first obtain permission from the registered breeder. |
Rights of farmers |
They can register and protect a new variety they have developed, similar to breeders' rights. They can save, use, sow, re-sow, exchange, share, or sell their farm produce, including seeds, of a protected variety as they did before the Act took effect. Farmers can receive recognition and rewards for conserving plant genetic resources, such as landraces and wild relatives of economic plants. They are entitled to compensation for the non-performance of a variety under Section 39(2) of the Act. Farmers are not required to pay any fees in proceedings brought before the Authority, Registrar, Tribunal, or High Court under the Act. |
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Implement |
The Department of Agriculture, Cooperation, and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, is in charge of implementing the provisions of the PPV&FR Act of 2001. The Authority is led by a Chairperson and consists of 15 members, including ex-officio members from various departments and ministries, as well as representatives from farmers, tribal organizations, seed industries, and women's agricultural organizations. |
KAU objected because it was excluded from the initial hearing process, despite being one of the main opponents to the application. The university argued that its technical expertise and mandate to protect farmers' interests make it an important player in the case.
Create a monopoly on Navara rice.
Prevent other farmers from growing and marketing similar varieties.
Concentrate Geographical Indication (GI) rights and farmer rights under a single entity, which may result in unfair trade practices.
Create a comprehensive database of traditional varieties to help differentiate between existing and improved varieties.
Amend the law to protect farmers who grow similar varieties under different names from unintended consequences.
Allow farmers to continue using traditional varieties without fear of legal consequences, even after registration by an individual.
Encourage producer societies to manage rights collectively, ensuring a fair distribution of benefits.
The Navara case demonstrates the importance of taking a balanced approach to intellectual property in agriculture. While innovation should be encouraged, policies must also recognize India's rich agricultural heritage and protect traditional farming methods.
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PRACTICE QUESTION Q.Discuss the impacts of granting individual farmers intellectual property rights to traditional crops such as Navara Rice. How might it impact the farming community as a whole? (150 words) |
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