Who are the Owners of Plant Genetic Resources? An Analysis Based on the Status and Trends of Registration under the PPVFR Act 2001

Abstract

This research paper discusses India’s Protection of Plant Varieties and Farmers' Rights Act, 2001, which aims to balance compliance with the WTO-TRIPS agreement and promote agricultural innovation. Since 2009, only 5113 varieties across 84 different crops have been registered, initially dominated by public sector entities like ICAR institutions. However, this trend has shifted with increasing involvement from farmers and private sector seed companies, suggesting potential privatization of genetic resources previously in the public domain. To counter this issue, the paper proposes a state-led approach to registration, advocating for implementing institutional mechanisms and welfare schemes to support farmers. It argues that by leveraging revenues from registered varieties, the state can ensure equitable access, benefit-sharing, and conservation of agrobiodiversity. The paper emphasizes the necessity of ongoing monitoring of the registration processes and intellectual property rights enforcement at regional levels to prevent the unwarranted privatisation of essential genetic resources. It also underscores the importance of collaborative efforts between public and private sectors, enhanced by proactive state government participation. Such partnerships are crucial for driving agricultural innovation and conserving agrobiodiversity, fostering sustainable growth within India's agricultural sector. This approach aligns with global sustainability goals and national interests in safeguarding biodiversity.