Showing posts with label opinion. Show all posts
Showing posts with label opinion. Show all posts

Thursday, October 13, 2016

OPINION : The battle over Bt cotton

While Monsanto and Indian seed companies spar, more worrying is the confused lawmaking underpinning regulation of patents

OPINION » COMMENT

Updated: October 4, 2016 02:34 IST 

Genetically Modified Organisms (GMOs) breed controversy like no other. Little wonder then that Monsanto’s much-maligned Bt cotton has spawned the mother of all intellectual property (IP) disputes in India, involving at least 15 different proceedings in various courts, government agencies and tribunals at last count.

Most proceedings appear to have come at the behest of certain seed companies led by Nuziveedu. Its founder, Prabhakar Rao, is leaving no stone unturned to ensure that these seed majors beget a better deal than what they bargained for when they first contracted with Monsanto to licence its proprietary GM technology.

A recent controversy centres around which of the two IP regimes governs the dispute: the Patents Act or the Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA). To me, this appears to be a false dichotomy and a red herring of sorts. Both these legislations apply and one does not necessarily trump the other. But first a word about the technological underpinnings of this dispute, so this point about co-existence can be appreciated better.

Monsanto and patent protection
Monsanto patented a number of components related to Bt cotton, a biotech invention involving the infusion of the Bt gene into the cotton genome. Bt stands for Bacillus thuringiensis, a bacteria whose genome codes for a protein that kills the bollworm, a pest that has perennially plagued the cotton plant. The patent does not cover the plant itself, as plants and animals are ineligible for patent protection in India, as are ordinary biological processes for creating them. However, microbiological processes (such as methods of creating transgenic varieties) and microorganisms (such as new and inventive transgenes and their constructs) are patentable under the terms of the Indian Patents Act, and Monsanto’s patents cover most of these components. It bears noting in this regard that Bt cotton technology was never static, but evolved over time to cater to the pest resistance that soon developed. While the technology pertaining to Bollgard-I was never patented in India (since this technology was discovered prior to India’s undertaking of Trade-Related Aspects of Intellectual Property Rights or TRIPS commitments), Bollgard-II was, and it is this technology that is in dispute.
Using the patented technology, Monsanto created a host of donor Bt cotton seeds and distributed them to seed companies under specific agreements mandating the payment of royalties (trait fees), etc. Seed companies in turn used these donor seeds to introgress the desirable genetic trait (bollworm resistance) into their own specific hybrid varieties by backcrossing.
Monsanto’s patents cover various components of the technology embedded in the donor seeds handed out to seed companies (the new man-made transgene, the DNA construct and the method of creating the new cotton genome). Any seed company that uses this donor seed and creates a new plant variety is entitled to register such variety under the PPVFRA.
This new plant variety registration, however, does not extinguish Monsanto’s upsteam patent rights. Neither does the patent right override the plant variety protection. They co-exist. As such, seed companies cannot commercialise their hybrids without a patent licence from Monsanto, in much the same way that Monsanto cannot sell or distribute these hybrids without permission from the seed company. If Monsanto refuses to licence the seed companies, they can move for a compulsory licence (CL) under the Patents Act, provided they satisfy the terms of Section 84, which states that a CL could be granted if the patented invention is exorbitantly priced or not available in reasonable quantities to the public or is not being worked in the territory in India.
But this licence application has to be under the terms of the Patents Act, and not the PPVFRA. Given this clear-cut demarcation, one wonders what the legal fracas is all about!
Unless of course one were to invalidate Monsanto’s patent. If news reports are to be believed, there are pending invalidity proceedings before both the IPAB (Intellectual Property Appellate Board) as also the DIPP (Department of Industrial Policy and Promotion).

At cross-purposes
The DIPP proceeding is a particularly interesting one, given that Section 66 of the Patents Act has been invoked, an exceptional provision that provides for revocation on grounds that the patent is “mischievous to the state or generally prejudicial to the public”. The key contention appears to be that the patent is no longer effective, given the pest resistance that developed over time. A ground not likely to pass muster with a court of law, given the rather high bar for invoking Section 66. Quite apart from the fact that it appears a tad bit paradoxical that while one wing of the government (the Ministry of Agriculture) has recently issued a draft notification qualifying GM technology as an industry “standard” that must mandatorily be licensed on FRAND (Fair, Reasonable and Non-Discriminatory) terms to as many seed companies as possible, another one (DIPP) insists that the technology is useless!

More surprising is the fact that the Ministry of Agriculture, with no proven expertise or jurisdictional competence over patent issues, would go out on a limb and suggest (in an official draft notification no less) that Monsanto’s patents over upstream GM technology must necessarily yield to downstream plant variety rights.

Whatever be our personal predilections against GMOs, it is a matter of deep concern that government agencies appear to be flouting the rule of law with impunity. While there may be merit in regulating GMO patents, this must be done after following due processes under the law, through the relevant competent authority (such as the Patent Office), and not through abusive lawmaking designed to seemingly favour one set of stakeholders who are essentially engaged in a private commercial dispute.

More importantly, one wonders why the government chooses to concentrate all of its eggs in the Bt cotton basket. Particularly so when its own institutes contend that even Bollgard-II technology is soon succumbing to progressive pest resistance.

Shouldn’t our government be encouraging a diversity of approaches in Indian agriculture, entailing both GM technology and the more traditional processes that have stood the test of time? More so, when nature has taught us time and again that the best of technologies can never really match up to the wisdom of an innate evolutionary process.

In fact, if it wishes to be a bit radical, the government could even encourage what maverick scientists did in Assam recently, when they encouraged farmers to reimagine beetles (that destroyed crops) as protein-laden delicacies to be consumed with relish. And this leaves us with just one real question in the end: can the bollworm be barbecued?

Shamnad Basheer is Honorary Research Chair Professor of IP Law at Nirma University and founder of SpicyIP.

SOURCE : http://www.thehindu.com/opinion/op-ed/the-battle-over-bt-cotton/article9180979.ece

Monday, March 9, 2015

ARTICLE: Coming of Age: the Organic Community of India

Sun, Mar 8, 2015
Bharat Mansata

The largest organic farming confluence in the world – over 2,500 participants from 22 states of India – gathered at the National Organic Convention in Chandigarh from Feb 28 to March 2, 2015. The flood of registrations had to be stopped a month in advance. Such zeal surely signals the growing recognition of agro-ecology as a burning imperative of our times, reflecting the Convention aim to ‘Mainstream Organic Farming!’  

At the concluding session, Shri Prakash Singh Badal, Chief Minister of the frontline state of India’s ‘Green Revolution’, ironically hailed organic agriculture as “the need of the hour,” marking the full turn of a circle. He mourned the heavy burden of chemical poisons that the land, farmers and people of Punjab have had to bear, admitting sadly that “Mother Earth, Father Water, and Guru Air” have all been desecrated. Toxic pesticides have devastated the health of Punjab. “You people,” said Badal – addressing a packed auditorium of organic farmers, seed savers, ecologists, scientists and activists – “are the heroes of this new struggle to save the nation!”

The CM called for making Punjab the leading organic farming state of India, with diversification in place of present extensive monocultures. Announcing a 50% state subsidy for rearing indigenous cattle breeds, he also offered to provide retail/distribution shops and facilities for selling organic produce. Declaring the setting up of an Organic Farming Board, he promised panchayati land to set up a demonstration organic farm in every block of the State.

Earlier, at the Convention, Shri Manohar Lal Khattar, Chief Minister of Haryana, accompanied by his Agriculture Minister, pledged state support to turn at least 10% of its total cultivable land to organic farming.  Smt Maneka Gandhi, Union Minister of Women and Child Welfare, rang out a grim warning against the highly dangerous neo-nicotinoid pesticides (used for treating Bt Cotton seeds) that were slaughtering the pollinating creatures like bees, an estimated 70% of which have already been wiped out. This would severely harm agriculture, unless banned, as in the European Union. “The owners of Bt cotton lied to us,” declared the Minister. “They told us that it doesn’t require pesticides… but now, we find that Bt cotton cannot grow without the most dangerous pesticides in the world.”

A few years ago, the beacon IAASTD World Agriculture Report bluntly stated: “Business as usual is not an option!” Prepared over 4 years by 400 international agricultural scientists/experts and 1,000 multi-disciplinary reviewers, this Report was endorsed by 58 nations, including India, as also representatives of FAO, World Bank, World Health Organization, UNEP, UNDP. Its recommendations stressed the urgency to adopt bio-diverse agro-ecological farming, and to support small family farms – to overcome the many serious problems confronting world agriculture. GM crops, it added, are not an answer to hunger, poverty and climate change, or to ecological, energy and economic challenges.

A riot of colours, costumes, cultures and cuisines greeted visitors at the ‘Nature and Kisan Mela’ and its ‘Organic Food Festival’ and ‘Biodiversity Festival’ that continued alongside the deliberations of the National Organic Convention. The Organic Food Festival, with ethnic organic fare from several Indian states, was a big hit. The Biodiversity Festival presented a dazzling display of over 2,000 distinct seed varieties of crops, brought by 270 seed conservator-farmers from all over India. Half a dozen new publications were released. Several book stalls, film screenings and cultural programmes of song, music and dance enhanced the charm of the memorable Organic Mela, dampened a bit midway by rain and wind.

The Convention was jointly organized by the Organic Farming Association of India (OFAI), Alliance for Sustainable and Holistic Agriculture (ASHA), and Kheti Virasat Mission, in collaboration with the local host organization, the National Institute of Technical Teachers Training and Research (NITTTR). The deliberations were bilingual, with communications in Hindi translated into English for the participants from the south, and vice versa. Parallel translations into other regional languages – for those who understood neither Hindi nor English – were self-organised by the various state delegations.

The National Organic Convention simultaneously hosted meetings of the Bharat Beej Swaraj Manch (India Seed Sovereignty Alliance). This pledged to regenerate and widely share the enormously rich diversity of traditional crops and crop varieties in India as a collective open-source heritage belonging to all, free of any private/corporate Intellectual Property Rights. The Alliance also sought to reclaim the many thousands of native crop varieties collected from farmers all over India by national and international germplasm banks. It was suggested that every farmer or family should adopt at least one crop variety for decentralized on-farm seed conservation and open-source propagation.

In sharp contrast, Mr Swapan Dutta, Dy Director General, ICAR, declared a few years ago in an interview to the Wall Street Journal, that India had over 4,00,000 varieties of plant germplasm (both cultivated and uncultivated). These included crops with unique features like nutritional/medicinal qualities, drought tolerance, flood tolerance, salinity tolerance, and pest resistance, all of which it was willing to offer corporates for a small share of profits!

GM crops were categorically rejected as an unnecessary technology with numerous potential hazards. The serious contamination risk by recently sanctioned open field trials of GM crops – disregarding the recommendations of several Government, Parliament and Supreme Court appointed Committees – was warned. 

Also part of the National Organic Convention was a scientific conference organized by the Society of Agro-Ecology, and the Centre for Sustainable Agriculture. This saw scientists from prime research institutions discussing with farmers and farmer-scientists their observations and research on soil health, plant nutrition, plant protection, water management, and Iivestock development, especially indigenous breeds.  
With so many outstanding farmers around, and multiple parallel sessions on offer, participants felt they could barely whet their appetite. But they carried back a collective energy and renewed confidence, knowing they had a growing fellow community of organic pilgrims and path-finders they could call upon when needed.

Missing the vibrant presence of veterans like Nammalwar, who passed away last year, and of ailing Bhaskar Save, who completed 93 years in January 2015, the 5th National Biennial Organic Convention paid tribute to these towering, dedicated stalwarts, noting that they have inspired innumerable others on the natural, organic path. Tribute was also paid to Sir Albert Howard, considered ‘the father of sustainable agriculture’ in the west, who confessed more than a century ago that he learnt it all from humble peasants in India.

In 2016, the international community will return to draw fresh inspiration from India. It was announced that the ‘International Organic Farming Convention’ organized by the ‘International Federation of Organic Agriculture Movements’ (IFOAM) will be held that year in India.

The final 16 point declaration from the convention pledged to safeguard and regenerate our soil, water, forests, biodiversity and seed sovereignty; and to work towards mainstreaming ecological farming in the country as “the only way forward for meeting the nutritional, livelihood, socio-cultural and spiritual needs of our people, including those of future generations.” 

The Convention further declared that land under food cultivation must not be diverted for other purposes through forced land acquisition.

PM Narendra Modi called for the North-eastern and hilly states to become an organic hub. But ‘achhe din’ (good organic days) must include all of India! What we need to ‘Make in India’ is an agro-ecological paradise that gratifies all basic biological, aesthetic and spiritual needs, not a global factory for a growing array of resource-hogging and pollution-spewing, non-essential industrial and consumerist goods. 

The overarching eco-spiritual tradition of this land is the unity of Vasudhaiva Kutumbakam – the earth is one family in one home. Mother Earth, the only known cosmic body with a living biosphere, must not now become a spew-chamber of chemical-industrial toxins, her inner vitals vandalized for short-sighted economic growth. The organic community is waking to the enormous challenges ahead.    

PS: Given below is the Declaration of the National Organic Convention, Chandigarh, 2-3-15

March 2, 2015
Declaration of the Organic Farmers community of India at the 5th National Organic Farmers’ Convention, 2015, Chandigarh, India
The organic farming community of this country, represented in strength by over 2500 participants at this fifth National Organic Farming Convention, pledges to carry forward with renewed strength our endeavour to mainstream agro-ecological farming practices across the country. The gathering, comprising practicing farmers, including women, tribal and adivasi people, seed savers, ecologists, scientists, non-governmental and community organizations, is supported in this effort by the international organic farming community spread across 130 countries and represented by IFOAM, the International Federation of Organic Agriculture Movements.
We reiterate our conviction that agro-ecological farming practices are the only way forward for meeting the nutritional, livelihood, socio-cultural and spiritual needs of our people, including those of future generations. This conviction is strengthened by the experiences of our farmer friends in Punjab and Haryana who have paid a high price and sacrificed their environment and the health of their people. We pledge to stand by them in their journey to recovery and restoration.
We, the participants representing the organic farming community of India, declare:
1.       Organic farming practices CAN meet all the food and nutritional needs of our nation, and it is the only sustainable way to safeguard the food security of present and future generations. The growing number of organic farmers and rising demand for organic produce is evidence of its rapid spread. 
2.      The IAASTD World Agriculture Report, authored by 400 international experts, including UN representatives, and endorsed by 58 nations, including India, recommends agro-ecological practices and small family farms, suitably adapted to local needs and conditions. It adds that GM crops are no solution to hunger, poverty, climate change as well as ecological, energy and economic challenges.
3.      We categorically reject Genetically Modified Organisms as an unnecessary technology with numerous potential hazards. It is also an example of bad science. We also object to open field trials of GM crops, since they pose a threat to our food, farming and environment, while blatantly disregarding recommendations of several Government, Parliament and Supreme Court appointed committees.
4.      We pledge to safeguard the integrity of our eco-systems and work towards the conservation, protection and re-generation of soil health, water resources, forests, biodiversity and seed sovereignty.
5.      Land, water and other natural resources must be prioritized for sustainably meeting basic needs and nutritional security. Land under food cultivation must not be allowed to be diverted for other purposes through forced land acquisition. Similarly, water resources for irrigation must be directed to essential food needs rather than water guzzling monocultures of sugarcane or other industrial non-priority uses.
6.      Forest habitats and traditional access rights of forest dependent communities must not be undermined, as uncultivated forest foods and medicinal plants have played a critical role in the lives of those residing in the country’s tribal forested regions.
7.      The current form of chemical agriculture is completely dependent on steadily depleting resources and leaves farmers vulnerable to foreign/corporate dependence. This must not and cannot continue.
8.      All agri-chemicals should be progressively phased out; and the money thus saved used to propagate and support ecologically safe food growing practices. Suitable budgetary allocations must be made for mainstreaming agro-ecological practices.
9.      The educational curriculum and calendar in rural India needs to be sensitive to local agricultural practices, needs and rhythms. A land-based pedagogy must become an integral part of education in rural India, with suitable adaptations for urban India.
10.   Agriculture departments and universities need to reorient their attention to agro-ecological systems and practices, including reviewing their curricula, evaluating hidden costs of technologies they recommend, and aligning research activity to the needs and challenges of the local community.
11.  The role of women, the mainstay of a self-reliant agricultural system in India, needs to be recognized, acknowledged and supported, in terms of land rights as well as support from the government.
12.   The Organic Farming Community appreciates the Haryana government’s efforts to revive indigenous breeds of cattle. Since this is crucial in facilitating self-reliant agriculture, we seek such policy initiatives from other state governments as well as the central government.
13.   The public distribution system must source food from the local/ bio-regional neighbourhood in which it is consumed. The convention suggests a grid of several localized markets as one of the ways forward.
14.   We demand better marketing support from government agencies so that the organic producers have assured demand and fair prices for their produce.
15.   Govt schemes such as MGNREGS, NRLM and SLRM should support agro-ecological practices as they supplement economic needs of farming families, landless labourers as well as people in distress. 
16.   India has a great wealth of crop diversity with unique features like nutritional/medicinal qualities, drought tolerance, salinity tolerance, pest resistance, and flood tolerance. This diversity has been conserved and shared by farmers as an open source collective heritage belonging to all. The concept of private property rights over such traditional heritage is alien and unethical in this land.

Thursday, February 5, 2015

Maharashtra’s nod for GM crops field trails: Is the expert committee toeing industry line?

By Devinder Sharma, Food & Trade Policy Analyst                                                      
Wed, Feb 4, 2015  
It is not a coincidence. The State-level expert committee headed by nuclear scientist Anil Kakodkar, which gave clearance for field testing five genetically modified (GM) crops in Maharashtra, did so while releasing a report on ‘Global Status of Biotech Crops’ by the international GM industry lobby group, ISAAA.

I don’t see any reason why an expert committee should be releasing a publication of the GM industry. Unless it is representing the biotech industry’s commercial interests, the Anil Kakodkar committee has no business to be officially releasing an industry annual report. The conflict of interest is clearly visible. I wonder if the expert committee will also release an excellent report by Coalition for GM Free India, which has a foreword from the eminent agricultural scientist Dr M S Swaminathan, entitled: “Compilation of scientific studies on the adverse impacts of GM crops on human health and environment.” This report is a compilation of more than 400 scientific studies.

Maharashtra has given a ‘no-objection certificate’ for field trials of GM varieties of five crops – rice, brinjal, maize, chickpea and cotton. This approval comes at a time when most States have refused to permit field trails.

The ISAAA report states that in 2014 the total area globally under GM crops was 181.5 million hectares. But what it doesn’t say is that area under GM crops is hardly 3.5 per cent of the total global cultivable area. 

Nevertheless, what surprises me is the urgency to push for field trials of the controversial GM crops in Maharashtra at a time when the serial death dance on the farm continues unabated in the Vidharbha and Marathwada regions. Farmers are dying not because of any lack of technology or improved farming practices but because of the declining farm incomes. This year alone, some studies estimate that the crash in global commodity prices has resulted in a loss of Rs 12,000-crores to cotton and soybean farmers, much of it in Maharashtra. With States failing to provide a bailout package, what do you expect the farmers to do?

A study by the Mahatma Phule Agricultural University, Rahuri in Maharashtra clearly shows that between 1996 and 2013, farmers cultivating sorghum, green gram, wheat, and sunflower were paid 35 to 70 per cent less than the cost of cultivation. Accordingly, the Minimum Support Price (MSP) at which the State government procures has only enabled cotton, soybean, paddy, groundnut, pigeon pea and chickpea farmers to recover 45 to 72 per cent of the cost they had incurred. Agriculture continues to be a loss making proposition.

Maharashtra’s agricultural crisis therefore pertains to falling farm incomes. But Maharashtra appears more interested instead in adding on to the profits of the agribusiness and seed companies. Agribusiness giant Monsanto’s stocks jumped 18 per cent on Monday after reports of GM crops possible introduction sunk in.  

Interestingly, the reason being given for approving the field trials of GM rice is testing for drought tolerance and nitrogen availability. What is not being told is that no GM crop variety has been able to withstand the epic drought that has hit California and Texas provinces in USA. Farmers have abandoned farming in these two provinces, and water smuggling is on the rise. Only traditional crop varieties have survived the US drought.

Similarly, the general argument that I hear very often is that the world needs to produce more for the growing population by the year 2050, and therefore it needs GM crops. But let’s look at it. Is there a shortage of food? In India, which has close to 250 million people going to bed empty stomach, appalling hunger is not because of any shortfall in food production. In June 2013, India had a record food surplus of 82.3 million tones. It exported close to 42 million tonnes in the two years 2012-13 and 2013-14. The entire effort now is to reduce the quantity of grain in storage and thereby reduce the carrying cost of stored food. Instead of increasing food production, the Food Ministry is planning to reduce food procurement and also use the huge stocks with the Food Corporation of India for commodity trading.

The promise of reduction in pesticides usage has also fallen flat. Maharashtra’s approval for GM crops is primarily justified on the need to reduce pesticides usage. It quotes the success of Bt cotton, which occupies 95 per cent of the area under cotton, as an example. But what is kept hidden is that despite almost the total cotton area being under Bt varieties in India, the Central Institute for Cotton Research (CICR) estimates show that the pesticides usage has also gone up. Between 2008 and 2010, pesticides use had gone up from almost Rs 600-crore to Rs 800 crore.

It is therefore high time to rethink whether GM crops will be of any help or end up aggravating the present crisis. Maharashtra needs to revisit the approval for GM crop field trails. It also needs to disband (and reconstitute the expert committee) whose interests clearly align with the commercial interests of the GM companies.

Source: http://www.abplive.in/author/devindersharma/2015/02/04/article493401.ece/Maharashtra%E2%80%99s-nod-for-GM-crops-field-trails-Is-the-expert-committee-toeing-industry-line