Farmers’ Rights and Plant Breeders’ Rights under Indian Regulations of Plant Variety Protection: A TRIPS Compliant Harmonised Coexistence

Abstract

India’s ‘Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001’ was enacted by its Parliament in accordance to the Article 27.3(b) of Trade Related Intellectual Property Rights (TRIPS) Agreement. In a significant deviation from the contemporary legislations around the world and also the International Union for the Protection of New Varieties of Plants (UPOV) Acts (1973 and 1991), the PPV&FR Act is a sui generis option, that provides an effective system for the protection of plant varieties, the rights of farmers and plant breeders that encouraged development of new varieties as well as those which were in common knowledge of the farmers or were in the possession of farmers traditionally. This article explains how the Indian legislation is the best fit to match the requirements farmers as well as plant breeders, keeping in view the local agricultural situations, societal constitution and livelihood mechanisms, especially for small-holder farmers.