Protection of Plant Varieties and Farmers' Rights: A Review

摘要

Intellectual Property Rights (IPR) and its application and expansion to agriculture has recently attracted global attention. Consequent upon the establishment of international agreements/institutional mechanisms such as the CBD and the WTO, and further, signing of ITPGRFA, the growing importance and the global scope of IPR in agriculture have been well realized and recognized. Most of the countries as members of World Trade Organization (WTO) are required to harmonize their related instruments with the TRIPS Agreement. It required that member countries enact/amend their domestic laws to provide for intellectual property rights (IPRs) in one form or the other in all fields of agricultural technology. Developing countries are currently attempting to fulfill the obligations of these international agreements by evolving new IPR regimes that simultaneously protect the rights of breeders and farmers. India's PPV & FR Act is significant both in the domestic and international context. The paper highlightsvarious conventions/treaties/agreements affecting agricultural innovation systems and legal mechanisms adopted in developed and developing countries for such innovations. It also reviews the achievements / progress made in effective implementation of various provisions of the Indian legislation.