International Treaty on Plant Genetic Resources for Food and Agriculture (IT

PGRFA)
The International Treaty on Plant Genetic Resources for Food and Agriculture (IT
PGRFA), popularly known as the International Seed Treaty, is a comprehensive international
agreement in harmony with the Convention on Biological Diversity, which aims at
guaranteeing food security through the conservation, exchange and sustainable use of the
2001
world's plant genetic resources for food and agriculture (PGRFA), as well as the fair and equitable
2004
benefit sharing arising from its use.

It also recognizes farmers' rights, subject to national laws to the:

a) Protection of traditional knowledge relevant to plant genetic resources for food and
agriculture;
b) Right to equitably participate in sharing benefits arising from the utilization of plant
genetic resources for food and agriculture; and
c) Right to participate in making decisions, at the national level, on matters related to the
conservation and sustainable use of plant genetic resources for food and agriculture.

The Treaty establishes the Multilateral System of Access and Benefit-sharing to facilitate
plant germplasm exchanges and benefit sharing through Standard Material Transfer
Agreement (SMTA).

The treaty was negotiated by the Food and Agriculture Organization of the United
Nations (FAO) Commission on Genetic Resources for Food and Agriculture (CGRFA) and since
2006 has its own Governing Body under the aegis of the FAO. The Governing Body is the highest
organ of the Treaty as established in Article 19. Composed of representatives of all Contracting
Parties, its basic function is to promote the full implementation of the Treaty, including the
provision of policy guidance on the implementation of the Treaty. The Governing Body elects its
Chairperson and Vice-Chairpersons, in conformity with its Rules of Procedure. They are
collectively referred to as "the Bureau".

Biological Diversity Act, 2002

The Biological Diversity Act, 2002 is an Act of the Parliament of India for preservation
of biological diversity in India, and provides mechanism for equitable sharing of benefits arising
out of the use of traditional biological resources and knowledge. The Act was enacted to meet the
obligations under Convention on Biological Diversity (CBD), to which India is a party.

The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to
which India is a party in 2002.

Biodiversity and biological resource:

Biodiversity has been defined under Section 2(b) of the Act as "the variability among living
organisms from all sources and the ecological complexes of which they are part, and includes
diversity within species or between species and of eco-systems".
The Act also defines, Biological resources as "plants, animals and micro-organisms or parts
thereof, their genetic material and by-products (excluding value added products) with actual or
potential use or value, but does not include human genetic material."

National Biodiversity Authority and State Biodiversity Boards:

National Biodiversity Authority:

The National Biodiversity Authority (NBA)is a statutory autonomous body, headquartered

in Chennai, under the Ministry of Environment and Forests, Government of India established in
2003 to implement the provisions under the Act. State Biodiversity Boards (SBB) has been created
in 29 States along with 31,574 Biological management committees (for each local body) across
India.

Functions:

• Regulation of acts prohibited under the Act

• Advise the Government on conservation of biodiversity
• Advise the Government on selection of biological heritage sites
• Take appropriate steps to oppose grant of intellectual property rights in foreign countries,
arising from the use of biological resources or associated traditional knowledge.

Regulations:

A foreigner, non-resident Indian as defined in clause (30) of section 2 of The Income-tax Act,
1961 or a foreign company or body corporate need to take permission from the NBA before
obtaining any biological resources or associated knowledge from India for research, survey,
commercial utilization. Indian citizens or body corporate need to take permission from the
concerned State Biodiversity Board.
Result of research using biological resources from India cannot be transferred to a non-citizen or
a foreign company without the permission of NBA. However, no such permission is needed for
publication of the research in a journal or seminar, or in case of a collaborative research made by
institutions approved by Central Government.
No person should apply for patent or other form of intellectual property protection based on the
research arising out of biological resources without the permission of the NBA. The NBA while
granting such permission may make an order for benefit sharing or royalty based on utilization of
such protection.

Benefit sharing:
Benefit sharing out of usage of biological resources can be done in following manner:
• Joint ownership of intellectual property rights 2 3 4
• transfer of technology
• location of production, research development units in the area of source
• payment of monetary and non-monetary compensation
• setting up of venture capital fund for aiding the cause of benefit claimers
Penalties:

If a person, violates the regulatory provisions he will be "punishable with imprisonment for a term
which may extend to five years, or with fine which may extend to ten lakh rupees and where the
damage caused exceeds ten lakh rupees such fine may commensurate with the damage caused, or
with both."
Any offence under this Act is non-bailable and cognizable.

UPOV

• The International Union for the Protection of New Varieties of Plants (UPOV) is an
intergovernmental organization based in Geneva, Switzerland. UPOV was established in
1961.

• The mission of UPOV is to provide and promote an effective system of plant variety
protection, with the aim of encouraging the development of new varieties of plants, for the
benefit of society.

The UPOV Convention provides the basis for members to encourage plant breeding by
granting breeders of new plant varieties an intellectual property right: the breeder's right.

ITK (Indigenous Traditional Knowledge)

(ITK: Knowledge used by local people to make a living in a particular environment)

Traditional knowledge refers to the knowledge, innovations and practices of indigenous peoples.
Developed from experience gained over the centuries and adapted to the local culture and
environment, traditional knowledge is often transmitted orally from generation to generation.
What is indigenous traditional knowledge India?
Indigenous knowledge comes from a diverse range of populations and occupational groups, such
as traditional farmers, pastoralists, fishermen and such others whose knowledge is linked to a
specific place and is likely to be based on a long period of occupancy spanning several generations.

Why is indigenous traditional knowledge important?

The transmission of traditional knowledge across generations is fundamental to protecting and
promoting indigenous peoples' cultures and identities and as well as the sustainability of
livelihoods, resilience to human-made and natural disasters, and sustaining culturally appropriate
economic development

What is the difference between indigenous knowledge and traditional knowledge?

While IK and traditional knowledge (TK) are often used synonymously, some authors rightly
differentiate between these two terms, considering IK as the knowledge “of a unique culture or
society” (Warren and Rajasekaran 1993), while TK refers to the knowledge system existing in and
owned by the much wider community
What do you mean by indigenous knowledge?
Indigenous knowledge refers to understandings, skills, and philosophies developed by local
communities with long histories and experiences of interaction with their natural
surroundings according to the UNESCO's programme on Local and Indigenous Knowledge
Systems (LINKS) (Hiwasaki et al., 2014a).
Characteristics of ITK
• ITK is not static but dynamic
• Exogenous knowledge and endogenous creativity brings change to ITK
• ITK is intuitive in its mode of thinking
• ITK is mainly qualitative in nature
• ITK study needs a holistic approach
• ITK, if properly tapped, can provide valuable insights into resources, processes
• possibilities and problems in particular area
• ITK is recorded and transferred through oral tradition
• ITK is learned through observation and hands-on experience
• ITK forms an information base for variety
• ITK reflects local tradition