Intellectual property rights protection for plant varieties in India: status, emerging issues, and challenges

Abstract

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO), India recently adopted the sui generis system of intellectual property rights (IPR) protection to plant varieties. The creation and provision of IPR for plant varieties in the seed sector at the global and national levels has led to several challenges: an interplay of IPR and competition, overlapping IPRs, and an interplay of IPR and other regulations. India can draw some insights from global initiatives in providing IPR protection to plant varieties. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization (WTO) mandates that member countries provide plant varieties intellectual property rights (IPR) protection through patents, or an effective sui generis system, or a combination of both. Varietal development is a cumulative or sequential process; therefore, IPR protection for crop varieties has important implications for varietal development research. The protection of plant varieties through IPR affects the price of seeds, the exercise of farmers' rights (as consumers of seed, as breeders, and as conservators of biological resources) and, thereby, global food security. This study examines the status of IPR protection to plant varieties in India. It also traces the emerging issues and challenges in the seed sector due to the provision of IPR protection to plant varieties.