TRIPS Downhill: India's Plant Variety Protection System and Implications for Small Farmers

Abstract

The Indian government was obliged to extend private property rights to plant varieties under the World Trade Organisation's Trade Related Intellectual Property Rights (TRIPS) Agreement. This paper analyses the implications of India's TRIPS-induced Protection of Plant Varieties and Farmers Rights (PPVFRs) Act for small producers. The Indian Act gives formal recognition to farmers' rights and upholds the principle of benefit sharing. This notwithstanding, it is argued that it will be very difficult for small farmers to benefit from the legislation since the Act is designed to protect the rights of parties that are able to prove that they are innovators in agriculture. The extension of private property rights to plant varieties will lead to higher seed prices and could lead to further erosion of genetic diversity in the country, negatively impacting farmers. Importantly, the Indian government's decision to accede to the International Union for the Protection of New Plant Varieties Convention (UPOV), coupled with the provisions of the 2004 National Seed Bill, severely compromise the farmers' rights provisions in the PPVFRs Act, putting into question the Indian government's commitment to protecting farmers' rights.