Balancing Protection of Plant Varieties and Other Public Interests

Abstract

The interplay between intellectual property rights for new plant varieties and public interests, particularly farmers’ rights, is critically examined within the context of global agricultural practices and Sustainable Development Goals (SDGs). According to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO) members shall establish a mechanism to grant effective protection to new plant varieties. There are two typical compliance mechanisms with TRIPS: the model developed by the International Convention for the Protection of New Varieties of Plants (UPOV Convention) and India’s sui generis system. A comparison from the sustainable development perspective is conducted through the textual analysis of the regulations of each model. The results show that the UPOV Convention cannot advance the achievement of Sustainable Development Goals and might have adverse effects. Conversely, India’s sui generis system represents a more balanced approach, addressing the needs of the farmers, the community, and environmental protection alongside those of breeders and benefitting sustainable development. The conclusion advocates for revising the UPOV Convention to incorporate broader concerns, including farmers’ rights and environmental sustainability, to ensure a more equitable approach to the protection of plant varieties.