Mains Daily Question
April 6, 2023

The existing IPR regimes in the seeds sector restrict farmers’ rights and freedom. In light of this statement, evaluate the Open-source seeds approach in terms of its benefits and challenges in enhancing plant breeding accessibility to Indian farmers.

Model Answer

Approach:

Introduction: Introduce the question with the meaning and understanding of the Open source seeds approach in the agriculture sector.

Body:  Write about concerns associated with the existing IPR regimes in seed sectors and how they affect farmers’ accessibility rights with examples.

Thereupon, elaborate on its benefits. After that, write down the challenges associated with the OSS approach.

Conclusion: Give a way forward and summarize the benefits it has on agriculture and the environment.

 

Answer:

Open source seeds approach seeks to achieve sharing of seeds without Intellectual rights restrictions. Suggested for the first time in 1999, by a plant breeder named T.E. Michaels to approach seed sharing based on principles of open-source software. It has become more relevant with the growing challenges of farmers’ rights and accessibility due to the existing IPR regimes.

Issues with the existing IPR regime in the seeds sector:

  1. Increased IPR-protected varieties: Due to the prevalence of plant breeder’s rights and patents, farmers' accessibility to affordable seeds and right to develop new varieties of seeds gets limited.
  2. Increased private sector participation: Some stakeholders have expressed concern that IPR frameworks designed to increase private sector investment in plant breeding limit farmers' access to seed. Eg. Pepsico and ITC.
  3. The concentration of power and control within the seed industry:  IPR regimes may serve to further consolidate the seed industry, with negative consequences for small seed companies and farmers who rely on diverse seed sources. For example, in the US, four companies control over 60% of the global seed market, and IPR regimes may contribute to the concentration of control within the industry.
  4. Enhanced state intervention: Due to increased prices of GM seeds and IP claims especially on marginalised farmers required higher state intervention. Eg: Pepsico's case on Gujrat’s potato farmers.

Hence, there is a need to examine the compatibility of the existing regime complex with a Seed Commons model that prioritizes the open sharing of seeds and resources.

Benefits of open-source seeds:

  1. Access: Open-source seeds are available to all, allowing farmers to save and share seeds without fear of violating intellectual property rights or facing legal action.
  2. Sustainability and climate resilience: It encourages the use of diverse seed varieties and practices, supporting agroecological approaches to agriculture and promoting greater resilience and adaptability in the face of environmental challenges.
  3. Innovation: It will promote innovation and collaboration within the seed industry, allowing breeders and farmers to work together and exchange knowledge and resources freely.
  4. Food security: By promoting the use and exchange of traditional seed varieties, open-source seeds can support food security and help to safeguard against the loss of agricultural biodiversity.

Challenges of Open-Source Seeds:

  1. Quality control: While open-source seeds can promote diversity and collaboration, there is a risk that quality control may be compromised if there are no strict standards for seed production and distribution.
  2. Legal concerns: It may raise legal concerns when it comes to patent infringement and intellectual property rights, particularly if they are used in combination with other patented technologies.
  3. Funding: Significant funding and resources to support research, development, and distribution, might be challenging to obtain and maintain.
  4. Resistance from the seed industry: The concentration of power and control within the seed industry means that open-source seeds may be viewed as a threat to established business models, leading to resistance and opposition from private companies and industry groups.

Overall, it is important to address these challenges and develop strategies to support the sustainable and inclusive development of open-source seed systems. By doing so, we can unlock the potential benefits of the open-source seed movement which represents a shift towards greater openness, collaboration, and sustainability in agriculture, and has the potential to benefit farmers, consumers and the environment alike. In India, Plant Variety Protection and Farmer’s Right Act 2001, ensures certain “farmers' varieties” are used open-ended and thus make way for Open-source seed movement in our country.

Subjects : Current Affairs
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