THE SUI GENERIS PROTECTION TO THE PLANT VARIETIES: FARMER’S RIGHTS V. BREEDER’S RIGHTS

Authors: Nithya Sowmya M, Student of Tamil Nadu National Law University

Best Citation – Nithya Sowmya M, THE SUI GENERIS PROTECTION TO THE PLANT VARIETIES: FARMER’S RIGHTS V. BREEDER’S RIGHTS, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 417-423, ISSN – 2583-2344.

ABSTRACT

Protection of plant varieties relates to intellectual property rights over plant varieties that guarantee exclusive commercial rights to rights-holders for a specific period of time. Article 27(3) (b) of the TRIPS Agreement obliges all WTO member states to introduce such protection within certain set time frames through domestic legislation. These rights are one form of IPR that is aggressively imposed on developing countries and are often claimed to be a’ soft’ patent regime. Plant variety laws are as threatening as biodiversity industrial patents and also represent an attack on the farming rights of other local communities. From a legal point of view, the protection of plant varieties in India remains a far from being settled issue even though the Plant Varieties Protection and Farmers ‘Rights Act was adopted in 2001 in accordance with the TRIPS Agreement. This study argues that the IP regime’s goal should be to balance the competing needs of maximizing societal innovation while rewarding the individuals who contribute to that innovation appropriately. One   of   the   main characteristics of the PGRFA Treaty is its emphasis on the rights of farmers. To this end, the study   aims   to   analyze   issues   related   to   plant   variety   protection   with   reference   to   the   TRIPS Agreement   together   with   the   Biodiversity   Treaty   and   the   PGRFA Treaty in the context of Protection of Farmers Rights and Breeders Rights.  

KEY WORDS Protection to Plant Varieties, TRIPS Agreement, UPOV Convention, Sui generis, Protection of Plant Varieties and Farmers’ Rights Act, 2001