The thrust of the proposed pesticides Bill should be on incentivising innovators to invest in R&D and bring new crop protection solutions A major factor that could make or mar the Modi government’s mission of doubling farmers’ income has to do with the loss of anywhere between 10 and 30 per cent damage to crop production due to pests and disease. The use of pesticides is the most effective way of stemming these losses. The manufacture, import, distribution, and use of pesticides is regulated under the Insecticides Act, 1968, its main objective being ‘to prevent risk to human beings or animals and for matters connected therewith’. The government wants to replace this with a new law. The Pesticides Management Bill, introduced last...
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Category: Data protection
Get ‘data exclusivity’ right
Agro-chemical majors won’t find India attractive for investment, as long as the regulator micro-manages even production decisions In the agrochemical sector, out of the total import of technical material or active ingredients that go into making end-use formulations, imports from China alone account for about 50%. Given China’s frequent changes in rules, targeting of MNCs, its deteriorating trade and investment relationship with the US, European countries and Japan, and questions over its role in spread of Covid-19 globally, hundreds of MNCs are planning to exit that country. They would either go back to their country of origin, or look for relocation destinations such as India. The Modi government has strongly indicated its intent to bring them here. In the agrochemical...
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Green the soil
The Centre’s decision to ban 27 commonly-used pesticides in all three main categories, namely insecticides, fungicides and weedicides, is a move in the right direction The decision of the Centre to ban 27 commonly-used pesticides in all three main categories, viz. insecticides, fungicides and weedicides, in India has led to consternation among various stakeholders, particularly a certain section of the industry. To understand the issue and its implications, let us put a few facts in order. The manufacturing, import, sale, distribution and use of pesticides are regulated under the Insecticides Act (1968) with a view to prevent risk to human beings or animals and for matters connected therewith. The Registration Committee (RC) — set up under the Act — registers every pesticide...
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Why irresponsible registration of pesticide companies must be reined in
The Parliamentary standing committee on agriculture in its 2015-16 report—Impact of chemical fertilisers and pesticides on agriculture and allied sectors in the country—has expressed serious concern over unscientific, excessive use of pesticides. The Parliamentary standing committee on agriculture in its 2015-16 report—Impact of chemical fertilisers and pesticides on agriculture and allied sectors in the country—has expressed serious concern over unscientific, excessive use of pesticides. It laments that associated problems have not been properly addressed by central and state governments. Even as the committee exhorts the Centre for ‘a comprehensive action plan for ensuring environment sustainable manufacturing, import, sale and use of pesticides’, review of the Insecticides Act (IA),1968 and setting up of Pesticides Development and Regulation Authority (PDRA), it has...
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Pesticide woes – urgent need to rein in “Me-Too”
The Parliamentary Standing Committee on Agriculture in its report for the year 2015-16 entitled “Impact of chemical fertilizers and pesticides on agriculture and allied sectors in the country” has expressed serious concern over un-scientific and excessive use of pesticides. It laments that associated problems have not been addressed properly by the Government of India [GOI] and State Governments. Even as the committee exhorts GOI for ‘a comprehensive action plan for ensuring environment sustainable manufacturing, import, sale and use of pesticides’, review of the Insecticides Act [IA] [1968] and setting up of Pesticides Development and Regulation Authority [PDRA], it has skirted an innocuous section 9(4) in IA which lies at the root of the mentioned problems. The Registration Committee [RC] –...
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Data exclusivity for agrochemicals brooks no delay
As per reports, Modi – government is considering a proposal to grant data exclusivity (DE) for agrochemicals for a period of 5 years. This could be a precursor to grant of similar dispensation for pharmaceuticals. The development may come as a pleasant surprise to US and EU based multinationals in both these segments who – backed by their respective governments – have been pitching for this for a long time but constantly rebuffed by Indian lawmakers thus far, ostensibly on the ground that grant of DE would be TRIPs (trade related intellectual property rights) plus. So, what does the TRIPs agreement of WTO (1995) which India implemented vide an amendment to the Indian Patent Act (2005) – after leveraging the...
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India’s case at WTO may fail to sail
Even as India rejects the US contention of failing to protect IP rights, passing the TRIPS test might be tough In the recently released Special 301 report on trade and industry practices, the US Trade Representative (USTR) has stopped short of putting India on its Priority Foreign Country (PFC) list. Under Special 301, USTR tracks the intellectual property (IP) rights record of countries and lists them according to the strength of their IP environment. If, on review, it identifies substantial deterioration in any country’s IP regime, it gets downgraded to PFC status which carries with it trade and economic sanctions. India may have escaped being listed as such for now, but the Damocles sword hangs over the country as the...
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Is India’s intellectual property (IP) regime WTO compliant?
In the just released Special 301 report on trade and industry practices,the US Trade Representative (USTR) has stopped short of downgrading India to ‘Priority Foreign Country’ (PFC) list. Under Special 301, USTR tracks intellectual property (IP) rights record of countries and lists countries that could face trade sanctions and other countries whose IPR regimes are deemed to be areas of lesser concern. If on review, it identifies substantial deterioration in its IP regime, the country gets downgraded to PFC status. India may have escaped it for now, but ‘damocles sword’ hangs as USTR intends to conduct what it calls ‘out-of-cycle’ reviews to promote engagements on IPR challenges with India. Describing as unilateral probe under US law which India has not...
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