6.2 German Case Study
173
ready to agree to an additional way of market entrance for specific varieties, either
landraces or old cultivars (AGRAR-Europe, 1997). The fundamental principle for
market entrance is based on the minimum standards of germination, health, and
purity and should be labeled differently than the normal certified seed. If the Seed
Trade Act will be modified according to this line of reasoning, it would enable the
consumers (i.e., the farmers) to choose between a larger number of varieties with
different quality standards. This might increase the diversity of varieties,
especially in the fields of farmers in the ecological farm movement.
6.3
Summary of the Indian and German Case Studies
To compare the German national system with the Indian system, the main
difference is the decentralized German concept. This is mainly the result of the
overall federal structure. One common institutional problem which occurs in both
countries is the separation of the in situ conservation programs from all the other
public conservation activities.
Like India, which is taking the lead in the formulation of a sui generis system
for property rights, Germany is taking a step forward in partly abolishing the
farmer's privilege. The implementation of both actions will have positive effects
on the research and development activities of the private breeding industry. In
India the implementation may prepare the ground for the final break through of
private breeding, while harvesting the benefits of public breeding investments of
decades. In Germany the implementation of the new agreement may safeguard the
medium-sized breeding companies against the increasing competition from the
biotechnology companies. As India's sui generis system will include the concept
of Farmers' Rights and will serve as an example for other countries, it may be of
interest to follow the implementation of the newly agreed upon fee in Germany.
Especially the new way of collecting the fee will have to prove its economic
feasibility.
Finally, while in Germany the rights of farmers are reduced in the interest of
the medium-scaled breeding industry and for the benefit of an advanced
technology transfer between breeders and farmers as well, the Indian government
is attempting to implement a property right in the interest of the private sector and
as well as being for the benefit of marginalized farmers.
173
ready to agree to an additional way of market entrance for specific varieties, either
landraces or old cultivars (AGRAR-Europe, 1997). The fundamental principle for
market entrance is based on the minimum standards of germination, health, and
purity and should be labeled differently than the normal certified seed. If the Seed
Trade Act will be modified according to this line of reasoning, it would enable the
consumers (i.e., the farmers) to choose between a larger number of varieties with
different quality standards. This might increase the diversity of varieties,
especially in the fields of farmers in the ecological farm movement.
6.3
Summary of the Indian and German Case Studies
To compare the German national system with the Indian system, the main
difference is the decentralized German concept. This is mainly the result of the
overall federal structure. One common institutional problem which occurs in both
countries is the separation of the in situ conservation programs from all the other
public conservation activities.
Like India, which is taking the lead in the formulation of a sui generis system
for property rights, Germany is taking a step forward in partly abolishing the
farmer's privilege. The implementation of both actions will have positive effects
on the research and development activities of the private breeding industry. In
India the implementation may prepare the ground for the final break through of
private breeding, while harvesting the benefits of public breeding investments of
decades. In Germany the implementation of the new agreement may safeguard the
medium-sized breeding companies against the increasing competition from the
biotechnology companies. As India's sui generis system will include the concept
of Farmers' Rights and will serve as an example for other countries, it may be of
interest to follow the implementation of the newly agreed upon fee in Germany.
Especially the new way of collecting the fee will have to prove its economic
feasibility.
Finally, while in Germany the rights of farmers are reduced in the interest of
the medium-scaled breeding industry and for the benefit of an advanced
technology transfer between breeders and farmers as well, the Indian government
is attempting to implement a property right in the interest of the private sector and
as well as being for the benefit of marginalized farmers.