Journal of Intellectual Property Rights

Suvita Rani ¹, Shubham Singh ¹, Sujit Bhattacharya ¹

Affiliations
1 CSIR-National Institute of Science, Technology and Development Studies and Academy of Scientific and Innovative Research at NISTADS Campus, K.S. Krishnan Marg, Pusa Gate, New Delhi-110 012, IN

Abstract

Mandated by TRIPS, India constructed a sui generis system for protection of plant variety, ‘The Protection of Plant Variety and Farmers Right Act, 2001’. The primary objective of the study is to examine the impact of this Act in strengthening the agriculture ecosystem. The paper addresses this by analysing the different attributes of registrations under this Act i.e. types of crops registered, their registration types, applicants affiliation, etc. It further explores the implications of these registrations. The paper also examines the salient and distinctive aspects of the Act such as provisions for supporting farmer and crop diversity, incentive to breeders. The registrations undertaken under different categories show positive trends in terms of crops registered, involvement of different stakeholders, etc. New crop registration shows promise for introduction of new improved varieties. Active involvement of private entities in registering plant varieties underscores that the Act is providing incentives for them for development of new varieties. India’s agriculture export exhibit linkage with new crop varieties being registered. New crops varieties can create market monopoly and help strengthen India’s agriculture exports. Lack of farmers involvement and the limited role of state agriculture universities in development of new varieties is however a cause of concern.

Keywords

PVP&FR Act, Agriculture Ecosystem, Sui-Generis System, TRIPS Agreement, Agriculture Export.

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