The increasing domination of the private sector in the seed sector and declining public sector breeding has made the Open-Source Seeds concept increasingly relevant. The idea was first proposed by Canadian plant breeder, T.E. Michaels in 1999, drawing parallels to the principles of Open-Source Software. For centuries, farmers have been sharing and innovating seeds without claiming exclusive rights or intellectual property, mirroring software programmers’ activities.
Understanding Open-Source Software
Open-Source Software (OSS) is software whose source code is publicly accessible for anyone to view, modify, and distribute under an open-source license. The open-source license typically grants users access and permission to alter the source code. Since its inception in the 1980s, OSS gained significant popularity, particularly in the 1990s, due to advocacy by the Free Software Foundation (FSF) and the Open Source Initiative (OSI). OSS promotes innovation by allowing developers to build upon existing software, enhances security through increased transparency, and reduces ownership costs.
The Concept of Plant Breeders’ Rights
With the advent of hybrid seeds, scientific plant-breeding, and the rapid expansion of the commercial seed industry, many countries established the Plant Breeders’ Rights (PBR) system. PBR grants plant breeders and new variety developers the exclusive right to claim royalties on seeds and enforce their rights, subsequently limiting farmers’ ability to use, reuse seeds, and innovate.
The establishment of the World Trade Organization (WTO) in 1994 and the Trade-Related IPR Agreement (TRIPS) created a global IPR regime over plant varieties, raising concerns about the freedom to innovate. The Green Revolution, led by public-sector breeding institutions offered seeds as ‘open pollinated varieties’, or as reasonably priced hybrids with no farming restrictions. However, the genetic revolution mostly featured private sector-led seeds, available as hybrids and protected by strong IPRs.
IP Protection in Agriculture
Two forms of IPR protection exist in agriculture: plant-breeders’ rights and patents. Both restrict farmers’ rights and their freedom to innovate new varieties using germplasm from IP-protected varieties. This has also led to the consolidation of the seed sector and an increase in the number of plant varieties under IPRs.
The Essence of Open-Source Seeds
The rising prices of genetically modified seeds and IP claims triggered numerous issues, necessitating alternatives. Inspired by the success of open-source software, an open-source model for seeds and plant varieties, labeled the “BioLinux model”, was proposed in 2002. In 2012, Jack Kloppenburg introduced the Open Source Seeds Initiative (OSSI) in Wisconsin, promoting traditional variety conservation and sharing initiatives. The open-source principles can enhance testing, improvisation, and adoption, thus contributing to India’s food security and climate resilience.
Open-Source Seed Initiatives in India
In India, The Centre for Sustainable Agriculture (CSA) developed a model incorporated into an agreement between CSA and the recipient of the seed/germplasm as part of the Apna Beej Network. The model is still being tested through three farmer producer organizations (FPOs). Despite its small presence, the adoption of open-source models in seed firms is gradually increasing globally.
Legal Framework Under the PPVFRA
Under India’s Plant Variety Protection and Farmers’ Rights Act (PPVFRA) 2001, farmers can register varieties as ‘farmer varieties’. Although they have the right to reuse, replant, and exchange seeds, they are prohibited from breeding and trading in varieties protected under the Act for commercial purposes.
The Way Forward
Adopting an open-source approach will enable farmers to gain more rights over germplasm and seeds and facilitate innovation. Thus, it’s crucial to test this approach with farmers and let the three FPOs lead the way.