KP draft bill to protect
plant breeders’ rights
Farmers
in Khyber Pakhtunkhwa will shortly be governed
by a provincial law under which they would not
be allowed to sell their farm produce of a
protected variety for reproduction purposes.
Section 30 of the draft Khyber Pakhtunkhwa
Plant Breeders’ Rights Act, 2014, introduces the
restriction though it upholds farmers’ other
traditional rights.
It says: “Nothing contained in this Act shall
affect a farmer’s traditional right to save,
use, exchange, share or sell his farm produce of
a protected variety except where a sale is for
the purpose of reproduction under a branded
marketing arrangement.”
The draft bill, which was tabled before the
provincial assembly in its recent session,
protects the rights of plant breeders in
accordance with a policy of the provincial
government to promote and strengthen seed
industry and market in the province.
An initiative of the Agriculture, Livestock and
Cooperative Department, the proposed bill
envisages the establishment of the Plant
Breeders’ Rights Office, which would perform its
duties as an extension of the Directorate
General, Agriculture Research Department.
Its responsibilities include coordination with
the Federal Seed Certification and Registration
Office under the Seed Act of 1976. Similarly, it
will also act in accordance with the advice
issued from time to time by the management
committee that would be set up by the provincial
government.
The management committee will propose measures
for encouraging the development of seed industry
in the province. Besides, it would also lend
advice about granting or cancelling compulsory
licences and certificates by the plant breeders’
office.
The proposed law, which is expected to be
enacted in the assembly’s next session, lays
down the procedure for issuing certificates and
licences for the protected varieties in the
province.
A new plant variety would be covered by the
plant breeders’ right subject to the provision
of a declaration by the breeder, testifying that
the variety is safe with no negative effects on
human, plant or animal health and public
welfare.
In the case of a genetically modified organism,
a breeder would be required to provide a
certificate from the relevant authority,
declaring that the variety is not detrimental to
the environment, public, plant and animal health
and bio-diversity.
Section 6 of the bill underlines that ‘This Act
[upon enactment] shall apply to all sexually
(vegetative) propagated plant species, except
plant varieties with terminator genes or other
similar technology and micro-organisms. However,
in view of the development of seed industry, the
government from time to time may notify the
genera and species to be covered for protection
under this Act.’
It adds that, ‘the manner in which a variety has
been developed, whether through cross-breeding,
bio-technology, mutation, selection or
otherwise, shall not affect its eligibility for
a certificate or the enforcement of that
certificate.’
Individuals/firms/departments applying to get a
certificate for their plant varieties would be
required to provide an appropriate denomination
of the variety; a description of it as complete,
reasonably explaining its novelty,
parentage/pedigree and breeding history.
The applicants would be required to provide a
drawing or photograph to understand and evaluate
the novelty of the variety.
The draft law sets criteria for resolving
dispute between two interested parties. If two
or more breeders independently bred the same
variety and apply for certificate, the person
who first applied for the certificate will
receive it.
According to its section 17’s sub-section (2),
the person who earlier filed an application for
registering/certification a plant variety in a
foreign country, he/she shall be entitled to
claim the right of priority for getting the said
plant variety’s certificate in Khyber
Pakhtunkhwa as well.
The protected varieties of trees and vines would
be issued certificates for 25 years whereas the
rest of the plants would be issued certificates
for 20 years.
The term of the certificate in the case of a
protected tree and vine would be extended to a
maximum for five additional years whereas the
rest of the plants’ certificates would be
extended for three years.
In an effort to encourage research in the field
of plant development, the proposed law contains
that the use or reproduction of a protected
variety, hybrid or parental material, without
authorisation of its owner, for plant breeding
or other genuine scientific research shall not
constitute a violation of the infringement
clauses of the proposed law.
Courtesy:
DAWN