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India to accede to plants convention

By Our Special Correspondent

NEW DELHI MAY 31 . The Union Cabinet today cleared the proposal for India's accession to the International Union for the Protection of New Varieties of Plants Convention, 1978 Act (UPOV) to recognise and ensure the Intellectual Property Right of the breeder of a new plant variety.

The Cabinet also approved the proposal for ratification of International Treaty on Plant Genetic Resources for Food and Agriculture for sustainable development of agriculture and food security.

The treaty acknowledges that the conservation, exploration, collection, characterisation, evaluation and documentation of plant genetic resources for food and agriculture were essential for world food security. It would facilitate conservation and sustainable use of plant genetic resources and fair and equitable sharing of benefits arising out of their use.

Briefing newspersons, the Union Parliamentary Minister, Pramod Mahajan, said the treaty was the result of negotiations over the issue whether plant resources are the common heritage of mankind or nations had sovereign rights over their biological resources. It attempts to resolve the apparent conflict between the two views and was adopted by the Food and Agriculture Organisation (FAO) in November last year.

It establishes a multilateral system for the facilitated access to plant and genetic resources for food and agriculture, presupposing a fair and equitable sharing arrangement. It recognises the enormous contribution of local and indigenous communities and farmers all over the world.

It is in line with the Indian legislation on Protection of Plant Varieties and Farmers' Rights, which recognises the role of the farmers for their contribution in developing new plant varieties and improving genetics.

On the decision for India's accession to UPOV (derived from the French name of the organisation based in Geneva), the Minister said it was an inter-governmental instrument for international cooperation in the field of protection of rights of breeders for development of agriculture. The purpose of UPOV was to recognise and ensure intellectual property rights to the breeders of a new plant variety.

He said UPOV member countries enact national legislations to grant Intellectual Property Rights to the breeders, taking into account the skill, time and material resources needed to develop plant resources.

To be eligible for protection, varieties have to belong to one of the botanical genera or species on the national list of eligible plant varieties, be distinct from commonly known varieties and be sufficiently homogeneous and stable. The benefits of accession to the UPOV Convention are expected to be manifold. It will facilitate greater investment in plant breeding activity in the country.

The accession would provide for the protection of new plant varieties on internationally accepted standards. It would also obviate the need for the country to enter into a large number of bilateral agreements with other nations for mutual recognition of plant breeders' rights.

Given India's strength in plant breeding, accession to the UPOV Convention will enable breeders to get protection in all Convention member countries, he added.

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