This is to add to Dr. Vijaya Kumar's (April 25) view point that Sui Generis systems are very much recommended and no single country can oppose it.
India's Bill No. 123 entitled " The Protection of Plant Varieties and Farmers' Right Bill 1999" is a good case for that. The bill is still being debated but once ready it may prove to be a model for most developing countries. This bill will also elucidate how hollow UPOV, Plant Variety Protection (PVP) and other protection mechanisms in place, are. Without a regulation in place for a country germplasm is nowhere safe. Gene prospectors' follow no rules and have many tools. Even CGIAR's "Leaky-Genebanks" cannot or are unable to protect the germplasm conserved there. Material Transfer Agreement is a paper tiger. Thus "gene rich" or so-called "developing countries" can protect and get their germplasm-worth of right and might only, when they have a regulation in place.
But developing countries can definitely learn from what India has put up and hopefully becomes a law soon. Wait and see !!
Ram C. Chaudhary
Chairman
Participatory Rural Development Foundation
Gorakhpur, India
rchaudhary@vsnl.com
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