Plant Breeders’ Rights Act 2016: Prospects and challenges for Pakistan as an agricultural country

Abstract

With diminishing land availability and increasing population, food security and loss of agricultural biodiversity are two of the current common challenges faced by the global community. In this context, the Plant Breeders’ Rights Act 2016 (PBRA 2016) may have far‐reaching consequences for Pakistan, an agricultural country where the livelihood of a majority of the population is linked with agriculture. This paper critically analyses the new legislation and seeks to answer the following research questions: To what extent the PBRA 2016 complies with Pakistan's obligations under Article 27(3)(b) of the TRIPS Agreement and to what extent has Pakistan availed itself of the flexibility or latitude offered under TRIPS? What are the salient features of the Act? What are the prospects and challenges for the seed industry in Pakistan? What are practical implications for farmers, especially small farmers, who find it difficult to access protected or certified varieties of seeds from the formal seed sector due to physical and financial constraints? To what extent the Act is able to reconcile Pakistan's conflicting obligations under the UN Convention on Biological Diversity (CBD), the Cartagena Protocol on Biosafety (CPB) and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)?