A matter of interpretation

A matter of interpretation

Plant Varieties Bill
Rights and exemptions conferred

Clause 22 of the proposed bill states that the breeder will have to reward rural communities in recognition of their contribution.

The same clause allows farmers to continue with traditional rights to save, use, exchange, share and sell propagating material or seeds from his/her harvest.

Rights restricted

This is not a right vested in the community and is further circumscribed by conferring discretionary powers on the government. The National Plant Variety Protection Authority may, when deemed appropriate, provide for rewards.

But the farmer cannot sell branded seed. The right is restricted to "non-commercial sale".

Clause 26 on the infringement of plant variety protection does not define the "person" who is barred from selling protected material. This can later be used to impose further restrictions on farmers.

Proposed Biodiversity Bill
Rights to be provided for

Provision will be made to recognise the rights of local communities for access to and use of biological diversity.

A mechanism will be developed for the equitable sharing of benefits from biological resources, knowledge, skills and technologies.

Grounds on which these rights might be challenged Community rights are not a legal entity.

To provide for community rights, state laws will have to be changed.

Foresters challenge community rights on the ground that people's rights cannot be revived for compensation and reward.