In India, Plant Breeders’ rights legislation that rewards the providers of genetic resources is being implemented in agriculture. India has phytosanitary regulations only for PGRFA (Plant genetic resources for food and agriculture), which are often poorly understood, inadequately developed and implemented or non-existent for forestry related activities. There is a general need to review and assess existing laws and adapt them or to develop new ones in line with specific needs. There is also a general need to harmonize the national legislation, especially concerning access to FGR and intellectual property rights (IPR). International legal assistance is required to draft suitable legislation covering IPR for forestry varieties in line with international agreements and national needs.
With its expertise and as a notified agency for seed, ICFRE could link phytosanitary certification with other aspects of legal regulations related to FGR. ICFRE may also deal with seed quarantine, seed technology, seed movement regulation and legal aspects.
It may also be vital to develop a Forest Tree Seed Corporation (FTSC), which will not only help producing large quantities of improved seed material but also systemise the forest tree seed production, collection, handling, storage and export in large scale, and also conserve the biological diversity of the genetic resources.
Based on the recommendations of the international negotiations, concerned with biodiversity and conservation, India has enacted laws to protect its biological resources. The following acts of the Government of India are intended to regulate the natural resources:
• The Indian Forest Act, 1927
• The Forest (Conservation) Act, 1980
• The Forest (Conservation) Rules, 1981
• The Wildlife (Protection) Act, 1972, as amended up to 1993
• The Wildlife (Transactions and Taxidermy) Rules, 1973
• The Wildlife (Stock Declaration) Central Rules, 1973
• The Wildlife (Protection) Licensing (Additional matters for consideration) Rules, 1983
• The Wildlife (Protection) Rules, 1995
• The Wildlife (Specified plants—conditions for possession by License) Rules, 1995
These Acts are the basis for the protection of the flora and fauna of the country. Within the framework of the legislation, there are 87 national parks and 421 wildlife sanctuaries, wetlands and a network of biosphere reserves.
