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Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(2) [March 2011] >
| Title: | Sui Generis IPR Laws vis-à-vis Farmers’ Rights in Some Asian Countries: Implications under the WTO |
| Authors: | Singh, Anshu Pratap
Manchikanti, Padmavati
Chawla, H S |
| Keywords: | Sui generis
IPR laws
Farmers’ rights
WTO |
| Issue Date: | Mar-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | The expansion of scope of intellectual
property protection to include plant varieties and ensuing monopoly on genetic
resources has raised concerns as it affects traditional rights of farmers. The
International Treaty for Plant Genetic Resources for Food and Agriculture
(ITPGRFA) provides an international recognition of farmers’ rights. The
International Union for the Protection of New Varieties of Plants (UPOV) is one
of the most accepted sui generis system for the recognition of plant
breeder’s rights. The present study aims to analyse the farmers’ rights development
in South Asia from the perspective of intellectual property enforcement. Based
on the membership to WTO, ITPGRFA and UPOV, the Asian countries were divided
into four groups. It is observed that only Group B countries (which are members
of ITPGRFA) have legislations with respect to farmers’ rights. A comparison of
the policy and legislation revealed that Nepal, Bangladesh, Pakistan and
Philippines have framed the policy but legislations are yet awaited. |
| Page(s): | 107-116 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(2) [March 2011]
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