Interface of Patent Rights, Plant Variety Rights and Farmer's Right

Abstract

Patent rights are granted for an invention for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.1 Plant Variety Rights are granted to the breeder of a new variety of plant. Such variety may be valuable for a number of reasons: increased yields, improved resistance to pests and diseases, or simply because they add to the range available. Breeding a new variety is skilled work, which is time consuming and costly.2 The question of whether patent protection is the appropriate method of protecting plant breeders is a contested one.3 Plant breeding was recognised by many as outside the natural remit of patent law, being agricultural and artistic rather than scientific. Patent law was originally considered unsuitable for protecting new plant varieties developed by traditional selective breeding methods. Patents for seeds implies that a farmer purchasing patented seed would have the right to use the seeds, but not the right to make seed (to save and replant). India is the signatory to TRIPS agreement. Article 27(3)(b) of the TRIPS agreement deals with plant variety protection. Restricting protection of technologies related to agriculture and all life forms has been a part of the Indian patent Act 1970. Sec 3(h) and 3(i) survived through the amendments, sec3 (j) was specially brought into the negative list by the 2002 amendment, in order to avoid any possibility of patenting of life forms.