TRIPS Downhill: India's Plant Variety Protection System and Implications for Small Farmers

Plahe, Jagjit Kaur

doi:10.1080/00472336.2011.530038

Cited by 4 publications

(1 citation statement)

References 12 publications

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“…In fact, the first copyright amendment in 1988 was passed two weeks after a nationwide protest organized by PMAN (Sodipo, ). Recall also that the sui generis plant variety protection systems in Thailand and India discussed in Part II was thanks to the interventions of vibrant CSOs, such as BIOTHAI in Thailand and Gene Campaign in India (Kuanpoth, ; Lianchamroon, ; Plahe, ; Ramanna, ). However, Nigeria does not have equivalent vibrant CSOs propelling patent, trademark or plant variety protection reforms.…”

Section: Plant Variety Protection Landscape In Nigeria: Current Positmentioning

confidence: 99%

Examining plant variety protection in Nigeria: Realities, obligations and prospects

Adebola

2018

World Intellectual Property

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Nigeria does not currently have a plant variety protection system. Three key reasons why Nigerian law and policy makers should pay attention to plant variety protection are the country's evolving agricultural sector, susceptibility to external pressures and pending international obligations. From 2010, successive Nigerian governments have promoted private sector investments in agriculture, contributing to the increase in the number of agribusinesses in the country. Agribusinesses tend to lobby for the introduction or reform of national plant variety protection systems to suit their business interests. Furthermore, as a founding member of the World Trade Organization (WTO), Nigeria has a pending obligation under Article 27.3(b) of the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS) to protect plant varieties through a patent system, a sui generis system, or a combination of systems. This article argues that Nigeria should proactively introduce a plant variety protection system designed to suit its socio‐economic realities before it is pressured to adopt an unsuitable system. In assessing the options under TRIPS vis‐a‐vis the small‐scale centered agricultural sector in Nigeria, the article finds that the best‐suited option for the country is a sui generis system which protects the interests of both small‐scale farmers and agribusinesses.

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Section: Plant Variety Protection Landscape In Nigeria: Current Positmentioning

confidence: 99%

Examining plant variety protection in Nigeria: Realities, obligations and prospects

Adebola

2018

World Intellectual Property

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Intellectual property rights in the agri-food chains: A systematic review and bibliometric analysis

Amentae,

Song,

Wang

2024

World Patent Information

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

Abbas

2020

World Intellectual Property

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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)?

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TRIPS Downhill: India's Plant Variety Protection System and Implications for Small Farmers

Cited by 4 publications

References 12 publications

Examining plant variety protection in Nigeria: Realities, obligations and prospects

Examining plant variety protection in Nigeria: Realities, obligations and prospects

Intellectual property rights in the agri-food chains: A systematic review and bibliometric analysis

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

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