Protection of Plant Varieties and Farmers’ Rights: A Review

Abstract

Intellectual Property Rights (IPR) and its application and expansion to agriculture has recently attracted global
attention. Consequent upon the establishment of international agreements/institutional mechanisms such as the
CBD and the WTO, and further, signing of ITPGRFA, the growing importance and the global scope of IPR in
agriculture have been well realized and recognized. Most of the countries as members of World Trade Organization
(WTO) are required to harmonize their related instruments with the TRIPS Agreement. It required that member
countries enact/amend their domestic laws to provide for intellectual property rights (IPRs) in one form or the
other in all fi elds of agricultural technology. Developing countries are currently attempting to fulfi ll the obligations
of these international agreements by evolving new IPR regimes that simultaneously protect the rights of breeders
and farmers. India’s PPV & FR Act is signifi cant both in the domestic and international context. The paper
highlights various conventions/treaties/agreements affecting agricultural innovation systems and legal mechanisms
adopted in developed and developing countries for such innovations. It also reviews the achievements / progress
made in effective implementation of various provisions of the Indian legislation.