Abstract
The TRIPS Agreement provides for the signatory countries to protect plant varieties either by patents or by an effective sui generis system or a combination thereof [Article – 27.3(b)]. Developing countries are inclined to opt for a sui generis mechanism as it would provide greater sovereign rights over their biological resources. The intellectual property rights regime heralded by the TRIPS incorporate no provision for recognising traditional knowledge, farmer technologies, innovations and practices of local communities as protectable subject matter under IPRs. Farmers’ participation in decision making, regulation of access to biological resources, prior informed consent, fair and equitable sharing of benefits etc comprise of essential tenets of such an objective mechanism. It is suggested that measures to modify WTO and the TRIPS adequately need to be adopted so as to bring them in consonance with the developing countries’ needs. Such a sui generis system provides a basis of cooperation of regional cooperation and integration among like-minded states.
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