Analysis of Farmers' Rights in the Light of the Protection of Plant Varieties and Farmers' Rights Act of India

摘要

The Protection of Plant Varieties and Farmers' Rights Act 2001 (PPVFR Act) sets up a distinctive structure by broadening the notion of plant breeders' rights (PBRs) presently applied to new varieties of breeders, to varieties held by farmers, NGOs and public sector organisations. The law surfaced from a method that endeavoured to include the interests of various stakeholders within the property rights framework. The PPVFR Act, which has been called progressive, has some prominent features. Apart from a well-defined breeders' right, it has strong and practical farmers' rights. In fact the Indian legislation, in a clever approach, has balanced the rights of breeders and farmers and exploited the elasticity provided in trade-related intellectual property rights (TRIPS).