An “Effective”Sui Generis Law to Protect Plant Varieties and Farmers' Rights in India

Recent Developments in India's Plant Variety Protection, Seed Regulation and Linkages with UPOV's Proposed Membership

“…Notwithstanding the above‐mentioned legal framework that allows for the registration of farmer's variety through two possible options, some commentators have argued that the NDUS or DUS criterions (in case of the extant variety) used for commercial breeders may not be appropriate for the farmer's variety because these criteria are more suited for modern scientific methods of breeding and laboratory‐based research, which the majority of subsistence farmers, in a developing country like India, do not undertake (Dutfield, 2000, p. 50; Gopalakrishnan, 2001, p. 165). In fact, it has been argued that the criteria for registration in the PPVFR Act have been taken from UPOV, which was designed by developed countries for the protection of plant varieties developed by commercial breeders who have the capability to undertake modern and scientific‐based research (Cullet, 2005a, p. 277).…”

“…As a result, very few farmers' varieties will benefit from the registration system provided in the PPVFR Act (Cullet, 2005a, p. 277). Moreover, since registration of a new variety is the only way to get protection under the PPVFR Act for farmers, many varieties developed by farmers will not enjoy any protection (Gopalakrishnan, 2001, p. 165).…”

“…Moreover, as pointed out earlier, control over seeds by the farmers is a crucial element in ensuring food security. It is important to point out that one commentator has argued that even the right of the farmer to sell seeds or control over seeds does not guarantee self‐reliance in seeds for the farmers, especially in cases where the harvested material cannot be used as seed because some processing is required to convert the harvested material into seed (Gopalakrishnan, 2001, p. 165). Hence, farmers will have to turn to the market in such cases.…”

“…It has been argued that there is no need to protect EDVs under Indian conditions (Dhar and Chaturvedi, 1998, pp. 250–2; Gopalakrishnan, 2001, p. 161).…”

“…The benefit‐sharing provisions ensure that the contributions and efforts of the farming community in the newly developed varieties do not go unrewarded. However, the actual implementation of the benefit‐sharing provisions may face practical difficulties (Gopalakrishnan, 2001, pp. 165–6).…”