Protection of Farmers’ Rights in India-Challenges for Law in the Context of Plant Breeders’ Rights

School of Legal Studies, Cochin University of Science and Technology

Contribution of graduate programs in plant breeding to the education of plant breeders in Brazil

The success of agribusiness in Brazil in recent decades is unquestionable. Although the country has always had favorable conditions for agriculture (land, water and climate), this success has only come about recently, due to scientific research, which has resulted in considerable increases in yield and in improvement of product quality, as well as making the occupation of new agricultural frontiers possible. A decisive factor for development of agriculture in the country was the creation of EMBRAPA in 1973, which, in a few years, led to considerable demand for researchers with training in graduate programs. Among them are plant breeders, who came to exercise their activity throughout the country and in all ecosystems. The training of plant breeders was only possible because, as from the middle of the 1960s, the country began a wide-ranging education program, with the creation of several graduate programs in genetics and plant breeding.

List of plant breeders in Canada and the United States of America; a reference list of classified information giving the addresses and activities of plant breeders in these countries.

Supplement; World list of plant breeders. (105 p.) issued in 1952 (Rome, Italy)

Genetics and eugenics; a text-book for students of biology and a reference book for animal and plant breeders,

"Appendix: Translation of Mendel's paper, Experiments in plant-hybridization": p. 313-353.

The role of physiological understanding in plant breeding; From a breeding perspective

The role of physiological understanding in improving the efficiency of breeding programs is examined largely from the perspective of conventional breeding programs. Impact of physiological research to date on breeding programs, and the nature of that research, was assessed from (i) responses to a questionnaire distributed to plant breeders and physiologists, and (ii) a survey of literature abstracts. Ways to better utilise physiological understanding for improving breeding programs are suggested, together with possible constraints to delivering beneficial outcomes. Responses from the questionnaire indicated a general view that the contribution by crop physiology to date has been modest. However, most of those surveyed expected the contribution to be larger in the next 20 years. Some constraints to progress perceived by breeders and physiologists were highlighted. The survey of literature abstracts indicated that from a plant breeding perspective, much physiological research is not progressing further than making suggestions about possible approaches to selection. There was limited evidence in the literature of objective comparison of such suggestions with existing methodology, or of development and application of these within active breeding programs. It is argued in this paper that the development of outputs from physiological research for breeding requires a good understanding of the breeding program(s) being serviced and factors affecting its performance. Simple quantitative genetic models, or at least the ideas they represent, should be considered in conducting physiological research and in envisaging and evaluating outputs. The key steps of a generalised breeding program are outlined, and the potential pathways for physiological understanding to impact on these steps are discussed. Impact on breeding programs may arise through (i) better choice of environments in which to conduct selection trials, (ii) identification of selection criteria and traits for focused introgression programs, and (iii) identifying traits for indirect selection criteria as an adjunct to criteria already used. While many breeders and physiologists apparently recognise that physiological understanding may have a major role in the first area, there appears to be relatively Little research activity targeting this issue, and a corresponding bias, arguably unjustified, toward examining traits for indirect selection. Furthermore, research on traits aimed at crop improvement is often deficient because key genetic parameters, such as genetic variation in relevant breeding populations and genetic (as opposed to phenotypic) correlations with yield or other characters of economic importance, are not properly considered in the research. Some areas requiring special attention for successfully interfacing physiology research with breeding are discussed. These include (i) the need to work with relevant genetic populations, (ii) close integration of the physiological research with an active breeding program, and (iii) the dangers of a pre-defined or narrow focus in the physiological research.

Plant variety protection in developing countries: A view from the private seed industry in India

Many developing countries are currently engaged in designing and implementing plant variety protection systems. Encouraging private investment in plant breeding is the key rationale for extending intellectual property rights to plant varieties. However, the design of plant variety protection systems in developing countries has been dominated by concerns regarding the inequities of a plant variety protection system, especially the imbalance in the reward structure between plant breeders and farmers. The private seed industry, a key stakeholder in plant variety protection, appears to be playing only a peripheral role in the design of the intellectual property rights regime. This paper explores the potential response of the private seed industry in India to plant variety protection legislation based on a survey of major plant breeding companies. The survey finds that the private seed industry in India is generally unenthusiastic about the legislation and plant variety protection is likely to have only a very limited impact on their research profile and expenditures on plant breeding. Measures designed to curb the 'excessive' profits of breeders, farmers' rights provisions and poor prospects for enforcement of rights are seen to be seriously diluting breeders' rights, leaving few incentives for innovation. If the fundamental objective of plant variety protection is to stimulate private investment in plant breeding, then developing countries need to seriously address the question of improving appropriability of returns from investment.

Agricultural Genetics and Plant Breeding in Early Twentieth-Century Italy

This thesis is about plant breeding in Early 20th-Century Italy. The stories of the two most prominent Italian plant-breeders of the time, Nazareno Strampelli and Francesco Todaro, are used to explore a fragment of the often-neglected history of Italian agricultural research. While Italy was not at the forefront of agricultural innovation, research programs aimed at varietal innovation did emerge in the country, along with an early diffusion of Mendelism. Using philosophical as well as historical analysis, plant breeding is analysed throughout this thesis as a process: a sequence of steps that lays on practical skills and theoretical assumptions, acting on various elements of production. Systematic plant-breeding programs in Italy started from small individual efforts, attracting more and more resources until they became a crucial part of the fascist regime's infamous agricultural policy. Hybrid varieties developed in the early 20th century survived World War II and are now ancestors of the varieties that are still cultivated today. Despite this relevance, the history of Italian wheat hybrids is today largely forgotten: this thesis is an effort to re-evaluate a part of it. The research did allow previously unknown or neglected facts to emerge, giving a new perspective on the infamous alliance between plant-breeding programs and the fascist regime. This thesis undertakes an analysis of Italian plant-breeding programs as processes. Those processes had a practical as well as a theoretical side, and involved various elements of production. Although a complete history of Italian plant breeding still remains to be written, the Italian case can now be considered along with the other case-studies that other scholars have developed in the history of plant breeding. The hope is that this historical and philosophical analysis will contribute to the on-going effort to understand the history of plants.

Application of biotechnology in breeding lentil for resistance to biotic and abiotic stress

Lentil is a self-pollinating diploid (2n = 14 chromosomes) annual cool season legume crop that is produced throughout the world and is highly valued as a high protein food. Several abiotic stresses are important to lentil yields world wide and include drought, heat, salt susceptibility and iron deficiency. The biotic stresses are numerous and include: susceptibility to Ascochyta blight, caused by Ascochyta lentis; Anthracnose, caused by Colletotrichum truncatum; Fusarium wilt, caused by Fusarium oxysporum; Sclerotinia white mold, caused by Sclerotinia sclerotiorum; rust, caused by Uromyces fabae; and numerous aphid transmitted viruses. Lentil is also highly susceptible to several species of Orabanche prevalent in the Mediterranean region, for which there does not appear to be much resistance in the germplasm. Plant breeders and geneticists have addressed these stresses by identifying resistant/tolerant germplasm, determining the genetics involved and the genetic map positions of the resistant genes. To this end progress has been made in mapping the lentil genome and several genetic maps are available that eventually will lead to the development of a consensus map for lentil. Marker density has been limited in the published genetic maps and there is a distinct lack of co-dominant markers that would facilitate comparisons of the available genetic maps and efficient identification of markers closely linked to genes of interest. Molecular breeding of lentil for disease resistance genes using marker assisted selection, particularly for resistance to Ascochyta blight and Anthracnose, is underway in Australia and Canada and promising results have been obtained. Comparative genomics and synteny analyses with closely related legumes promises to further advance the knowledge of the lentil genome and provide lentil breeders with additional genes and selectable markers for use in marker assisted selection. Genomic tools such as macro and micro arrays, reverse genetics and genetic transformation are emerging technologies that may eventually be available for use in lentil crop improvement.

Study of salt stress tolerance in spelt

World population is increasing at an alarming rate while food productivity is decreasing due to the effect of various abiotic stresses. Soil salinity is one of the most important abiotic stress and a limiting factor for worldwide plant production. In addition to its important effects on yield, salt stress affects numerous cellular activities, including cell wall composition, photosynthesis, protein synthesis, ions and organic solutes. Up to 20% of the irrigated arable land in arid and semiarid regions is already salt affected and is still expanding. Improving salt tolerant varieties is of major importance, and efforts should be focused on finding adaptive mechanisms which are involved in salinity tolerance. In this study, several spelt wheat (Triticum aestivum var. Spelta) genotypes and one cultivar of modern bread wheat were used to screen them for salt tolerance. Spelt is an old-European cereal crop currently attracting renewed interest as a food grain because it is said to be harder than wheat and requires less fertilizer. Spelt wheat is also becoming very attractive genetic source by plant breeders due to its wide adaptation ability to various stressful conditions such as soil salinity. In this study morphological parameters (e.g., leaf appearance; shoot elongation), dry matter production, mineral nutrients (especially Na and K), and activity of antioxidative enzymes were measured to select superior genotypes of spelt for salt tolerance. The results showed that Spelt genotype Sp41 is a salt sensitive genotype and genotypes Sp69, Sp96 and Sp912 are good candidates for salt tolerant genotypes.

The impact of breeding on fruit production in warm climates of Brazil

Brazil is a very large country with a diverse climate. This fact allows a diversity of plants to grow ranging from tropical rainforest in the Amazon, passing through Atlantic Forest along the coast, the cerrados (Brazilian savannah) in the Central West region, and semi-arid area in the Northeast. Latitude ranges from 5º N to 33º S, with most of this territory in the tropical region. There are enough reasons to plant breeders devoting great amount of their effort to improve plants suitable for warm climates, though. Among fruit crops, results of breeder's work have been noticed in several species, especially on peaches, grapes, citrus, apples, persimmons, figs, pears and others not so common, such as acerola, guava, annonas (sour sop, sugar apple, atemoya, cherimoya) and passion fruit. Peach tree introduced at low latitude (22 ± 2ºS) requires climatic adaptation to subtropical conditions of low chilling. In Brazil, the first peach breeding program aiming adaptation of cultivars to different habitats was developed by Instituto Agronômico de Campinas (IAC) beginning in the end of the 40's. Apple low chill requirement cultivars obtained in a South state, Paraná, are now been planted at low latitudes. Banana and pineapple breeding programs from Embrapa units along the country are successfully facing new sanitary problems. Petrolina/Juazeiro, in the Northeastern region (9ºS), is the main grape exporting region with more than 6,000 ha. Grape growing in the region is based in the so called "tropical" rootstocks released by IAC, namely: IAC 313 'Tropical', IAC 572 'Jales'. Recently, Embrapa Grape and Wine released tropical grape seedless cultivars that are changing table grape scenario in the country.

Droits de propriété intellectuelle et protection des plantes: approches, limites et perspectives

Le droit de la propriété intellectuelle présente, depuis quelques années, un intérêt particulier à l'évolution de la recherche sur les plantes. Ceci s'est traduit, au plan international, par l'adoption de plusieurs instruments visant à assurer une meilleure protection des investissements consentis dans ce domaine. Il s'agit notamment de la Convention de l'UPOV, qui s'inscrit dans une logique de protection par la voie sui generis avec la possibilité de délivrance de certificat d'obtention végétale aux sélectionneurs; de l'Accord ADPIC, qui, en plus de recommander un système sui generis efficace, ouvre l'option de protection par brevet ou en définitive par le cumul des deux systèmes; de la Convention sur la Diversité Biologique (CDB) et du Traité de la FAO portant sur les ressources phytogénétiques pour l'alimentation et l'agriculture, qui, favorables aux deux précédentes formes de protection, demandent que soient prises en compte des considérations relatives aux droits souverains des pays sur leurs ressources végétales, au partage des bénéfices, etc. Au plan régional, on distingue, entre autres, l'initiative de l'Afrique, visant à assurer la protection des plantes suivant une logique partagée entre l'alignement sur les normes internationales existantes (Accord de Bangui) ou l'institution d'une autre législation originale qui reflète les réalités et préoccupations du continent (Loi modèle). Il apparaît donc qu'il existe plusieurs instruments pour cerner la même réalité. Ceci est forcément la source de quelques difficultés qui sont d'ordre conceptuel, socioéconomique, environnemental et juridique. Pour les pallier, il est important que certaines conditions soient satisfaites afin d'harmoniser les points de vue entre les différents acteurs concernés par la question et d'assurer une appropriation conséquente des instruments adoptés.

Exploring the feasibility of farmers' rights

In many developing countries, there is concern that a conventional system of plant breeders' rights provides no rewards to farmers for their role in the conservation and enhancement of agro-biodiversity. To redress this imbalance, developing countries are incorporating farmers' rights provisions in their plant variety protection legislation. This article examines the feasibility of farmers' rights provisions based on intellectual property rights. It argues that the farmers' rights provisions crafted by some developing countries will involve enormous operational difficulties, while IPR-based farmers' rights are unlikely to provide significant economic returns to farmers or farming communities. At the same time, farmers' rights provisions, as currently conceived, are likely significantly to dilute the incentives for innovation provided to institutional plant breeders.

Winter wheat in England and Wales, 1923 - 1995: What do indices of genetic diversity reveal?

Genealogical data have been used very widely to construct indices with which to examine the contribution of plant breeding programmes to the maintenance and enhancement of genetic resources. In this paper we use such indices to examine changes in the genetic diversity of the winter wheat crop in England and Wales between 1923 and 1995. We find that, except for one period characterized by the dominance of imported varieties, the genetic diversity of the winter wheat crop has been remarkably stable. This agrees with many studies of plant breeding programmes elsewhere. However, underlying the stability of the winter wheat crop is accelerating varietal turnover without any significant diversification of the genetic resources used. Moreover, the changes we observe are more directly attributable to changes in the varietal shares of the area under winter wheat than to the genealogical relationship between the varieties sown. We argue, therefore, that while genealogical indices reflect how well plant breeders have retained and exploited the resources with which they started, these indices suffer from a critical limitation. They do not reflect the proportion of the available range of genetic resources which has been effectively utilized in the breeding programme: complex crosses of a given set of varieties can yield high indices, and yet disguise the loss (or non-utilization) of a large proportion of the available genetic diversity.